Supreme Court Rules That Drunk Drivers Have Rights Too

Posted By John Harvell || 14-Jun-2013

When a driver makes the decision to get behind the wheel of a vehicle after he or she has been drinking puts other in danger. Numerous reports have shown that driving under the influence (DUI) can have a direct impact on a driver's senses and ability to control his or her vehicle. Lawmakers recognize the dangers to the community, and if you drive with a blood alcohol concentration (BAC) of 0.08% or more you will face criminal charges in Kansas and throughout the USA. Each state has its own DUI laws and penalties will vary depending on the level of intoxication as well as whether the driver caused an accident resulting in serious injuries or a fatality. While it is true that drunk drivers need to be keep off the roads, it is also true that drivers accused of driving under the influence have constitutional rights. It is those rights which must be respected and upheld by law enforcement officers, prosecutors and the justice system itself.

In some recent cases police have either attempted to force suspected DUI drivers into submitting to blood & breath tests or they have authorized blood be drawn from suspects without first obtaining a proper search warrant. These violations of a driver's 4th Amendment rights have been committed under the guise that evidence of intoxication (in the form of the driver's BAC) will be lost if the blood & breath tests are not performed at once. The Supreme Court disagrees however, as they recently confirmed with an 8-to-1 vote that drunk drivers have rights too. The Supreme Court clearly stated that police do not have the absolute authority to draw blood without first obtaining a valid search warrant based on probable cause.

If you or a loved one has been arrested or charged with DUI you could be facing the suspension of your driver's license, expensive fines, a lengthy probation and/or extensive jail time. My firm and I have spent many years helping individuals defend themselves against DUI and various other criminal charges. I am a former prosecuting attorney and have worked with the District Attorney's Office in Wichita, Kansas. Through my work there, and with my knowledge and expertise in the field of criminal defense law, I am able to offer clients in Olathe a comprehensive understanding on how their case will be tried and work with them closely to develop an well-crafted criminal defense strategy.

Contact The Law Office of John Harvell and schedule an appointment to meet with Olathe criminal defense attorney , Mr. Harvell to discuss your case and the options for your defense. We will protect your constitutional rights.

Categories: Criminal Defense, DUI