“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
–4th Amendment to the US Constitution
The 4th Amendment to the U.S. Constitution is the basis for the majority of successful challenges to an OWI arrest. The 4th Amendment is structured to protect all of us from unreasonable and illegal searches. This right is extremely important to protect us from overly intrusive police officers. We all want protection from an overly assertive police state, even if the police are acting under the noble cause of protecting the roads from drunk driving. Why? Because if we allow them to violate our rights then there is no line drawn as to how far they can go and who defines what noble causes are. You do not want to give up a right that our forefathers have created to protect our individual liberty and freedom.
Because of the 4th Amendment’s power and its importance in our legal system, beating a drunk driving arrest is more often about what the arresting Officer did (or did not do) in making the Stop and the Arrest, rather than your actions or level of intoxication. The main reason a drunk driving charge is dismissed is because the arresting Officer violated your 4th Amendment rights, which means the collected evidence cannot be used against you in court.
Many mistakenly think that since they did drink and were driving then they have no defense. This is a false belief. The police officers have to follow certain procedure in order to not violate someone’s constitutional rights. That analysis has nothing to do with whether or not you actually committed the alleged offense. These type of defenses are used to win OWI cases on a daily basis, so contact us to set up your free consultation to discuss any constitutional defenses you may have in your case.