When you have been arrested for suspicion of a Los Angeles DUI, officers will ask you to take a field sobriety test at the scene of the arrest. This test is not mandatory, and is voluntary. This means that you do not have to submit to it, and there are…
Articles Posted in Fourth Amendment
Ways to get a Los Angeles DUI Case Dismissed
If you have been charged with suspicion of driving under the influence, there is a whole process that must be completed prior to having been found guilty. Your case may be dismissed right from the very onset, before you even set foot in court. When you are arrested, the officer…
Do I have Fourth Amendment Rights In a Los Angeles DUI Arrest?
Your constitutional rights are applicable to a DUI arrest, just like in any other arrest. When an officer stops you for suspicion of a DUI, they can only obtain evidence within the guidelines of the Fourth Amendment. They must have reasonable cause, and suspicion to do so. In order to…
Los Angeles DUI Defense in a Nutshell Part 2
In the previous blog, there was discussion on possible defenses for DUI. While an arrest is stressful and often traumatic, it does not necessarily have to lead to a conviction if the right defenses are available. The strength of each available defense will depend on the specific facts of your…
What is a Wilder Motion in a Los Angeles DUI Case?
If you have been arrested for suspicion of a DUI, you still have yet to be found guilty. The process of being found guilty or not guilty of a DUI will occur through the criminal justice system. Either you may plead guilty, or you have the option to stand trial…
Can I be Forced to Submit to a Blood Alcohol Test when I have Refused a Breath Test?
When you have been pulled over on suspicion of driving under the influence of alcohol, the officer must have reasonable suspicion before he requests that you complete any field sobriety tests or blood alcohol tests. This reasonable suspicion can arise from admissions of the driver. For example, if the officer…
What Are My Fourth Amendment Rights When it Comes to Taking a Blood Sample During a DUI Arrest?
Each and every person in the United States has constitutional rights that cannot be taken away from them without due process. One of the most important rights is the Fourth Amendment right to be free from unreasonable search and seizure. Unreasonable search and seizure means that evidence for any kind…
What are my Fourth Amendment Rights in a Southern California DUI Stop?
The Constitution grants you many rights, that cannot be taken away without due process. One of the most important and relevant rights is the Fourth Amendment right to be free from unlawful search and seizure. This right applies heavily to DUI situations. Officers are not allowed to search your vehicle,…