San Antonio DWI Defense – 4 th Amendment to the ConstitutionMany drivers who have been accused of driving while intoxicated wonder if there is anything they can do about it. The answer is resoundingly, yes! There are many regulations surrounding driving while intoxicated convictions and they vary from state to state. It is best to seek the help of a driving while intoxicated attorney in your state to build a solid defense for your conviction.
Can an officer pull you over for no reason? No, an officer can not. According to the Fourth Amendment to the US Constitution, there must be probable cause for a law enforcement officer to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. The officer must be able to articulate satisfactorily the reason for the routine stop and also for any further investigatory detention that occurred. If the reason is not proven satisfactorily, a motion to suppress all evidence obtained from the stop can be brought.
Even if there was reasonable cause to pull you over, officers still must follow proper protocol for driving while intoxicated stops. Were you given the right to refuse BAC testing? Were you misled about the consequences of refusing the BAC testing? An officer’s disciplinary record and/or prior testimony in driving while intoxicated cases can also come into question.
Have you or a loved one been arrested and charged with driving while intoxicated in or around the San Antonio area. Find an experienced DWI defense lawyer who is able to aggressively fight for you. It is important to hire a lawyer experienced defending DWI cases. A DWI conviction can lead to license suspension, a criminal record, probation, hefty fines, increased insurance costs, and jail time. If you are facing a driving while intoxicated in or around San Antonio call our office for a free and confidential consultation. Call 210-224-8881.