Suppression of evidence  Stops & Searches in DUI Defense

In a DUI situation, an officer typically stops, detains, questions and arrests a person.  During these stages of the DUI investigation, protections afforded under the 4th, 5th and 6th amendments to the United States Constitution apply.  An experienced DUI defense lawyer will look closely at the events as they occurred to make sure the arresting officers did not violate any of his clients rights.

The 4th Amendment to the US Constitution and the Arizona Constitution protect persons from unreasonable and unwarranted Searches and Seazures by the Government. This includes Police officers.  When a person is stopped by an officer in a DUI case, this constitutes a siezure and there must be a traffic violation or reasonable suspicion of criminal activity to justify this stop.  Officers will then detain and search and again there are constitutional requirments that they must follow.  When a person is arrested, probable cause that a crime has been or is being committed is required.  This is also required before DUI blood or breath testing (constituiting a search) can be required.

The famous "Miranda" case which came out of Arizona, details the protections afforded under the 5th Amendment.  A person being detained for suspicion of criminal activity has the right to remain silent and the right to an attorney.  Police officer's are required to notify you of these rights if you are detained and questioned. 

The 6th amendment gives a suspect in a criminal or DUI investigation an additional right to an attorney.  In the context of a DUI case, a person who has been stopped for DUI should ask to talk to a defense lawyer.  Police officers must give a reasonable

opportunity to make the call to a lawyer.

When an officer does not follow these constitutional rules an experienced DUI defense lawyer can fight to have evidence suppressed and the charges dismissed.  Mr. Borrelli evaluates each case looking for any violations that the officers may have made.  He will interview the officers involved in the DUI stop and investigation to pinpoint what actually occurred and fight to suppress any DUI evidence that resulted from a violation of his client's rights.