Understanding DUI and Your Constitutional Rights

Nov 16, 2016 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

Scales of justiceDUI defense attorney James Novak provides assertive legal representation to clients accused of driving under the influence of alcohol or drugs. He can help you understand DUIs and your constitutional rights in Phoenix, AZ, where laws are notoriously strict. Having a thorough understanding of your rights can help you immensely if you are ever pulled over and are suspected of driving under the influence. It is important to remember that you have a right to an attorney. Contacting an attorney immediately can help you secure the best possible outcome in your case.

Protection Against Unreasonable Search and Seizure

The Fourth Amendment of the Constitution protects citizens from unlawful search and seizure. In regards to traffic stops, an officer must have reasonable suspicion that you have broken the law before stopping you. Without probable cause, an officer has no right to search your vehicle. If an officer does search your vehicle, any evidence he or she obtains, including your blood alcohol content (BAC) levels, could be inadmissible in court.

Right to Remain Silent

This right is outlined in the Fifth Amendment of the Constitution, often referred to as “pleading the fifth”. It is important to note that anything you say before you are placed under arrest as well as after you are arrested can be used against you. Therefore, Attorney James Novak advises clients to avoid answering questions without an attorney present. You should always respond to an officer’s questions, but you should not indicate how many drinks you have had, where you are coming from or going, and other questions related to your potential intoxication.

Right to an Attorney

Most importantly, the Sixth Amendment grants you the right to an attorney. Because of the limited availability of the evidence (your BAC levels, for example), you should request the presence of your attorney immediately, and officers must comply. When you call Attorney James Novak, he can monitor everything and document any evidence contrary to the officer’s account. He can make note of and even take video evidence of your demeanor, whether the Breathalyzer was working properly, and other factors that may have an impact on your case.

Using a Violation of Your Constitutional Rights as a Defense

If an officer violates any of your constitutional rights, it could potentially lead to a dismissal or reduction of your charges. The outcome may depend on the right the officer violated. Unlawful search and seizure is likely to render evidence obtained inadmissible, but may not result in dismissal of charges. This is especially true if they have other evidence or eye witness accounts. Not complying with your request for an attorney or failing to inform you that you have the right to remain silent will often work in your favor.

Talk with DUI Attorney James Novak Today

Attorney James Novak has extensive experience defending clients that have been accused of DUI. He will make note of any constitutional rights violations and include them in his defense. If you have been accused of a DUI, contact our office right away to speak with Attorney James Novak.

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