Constitutional Issues in Lexington DUI Cases

Constitutional issues in Lexington DUI cases come up every now and then. And when they do, it can significantly impact a case. A defendant who had their rights violated could have evidence thrown out, or their charges dropped. The most common constitutional issues are concerning the Fourth, Fifth, and Sixth Amendments of the U.S. Constitution.

Read below to learn more about constitutional issues and how an experienced DUI lawyer could help you if your constitutional rights have been violated.

Protections Against Illegal Search and Seizures

A person is guaranteed to be free from unreasonable search and seizure by the Fourth and Fourteenth Amendments of the United States Constitution. Article I, Section 10 of the South Carolina Constitution has the same language and also has an extra provision that says South Carolina residents are granted additional protection to be free from unreasonable invasions of privacy. The State Constitution offers greater protection for individuals than the U.S. Constitution.

The most significant constitutional issues in Lexington DUI cases are whether the person was illegally seized and whether the traffic stop was constitutional. The defense attorney determines whether the State complied with the video recording statutes. From a constitutional standpoint, the issue is whether there was an unlawful seizure.

Every traffic stop is a seizure. A search is anything related to the police looking for certain things where they do not belong such as searching a vehicle. For an officer to conduct a traffic stop, the officer needs to have probable cause of the traffic violation or reasonable suspicion of criminal activity. If they do not have one of those two things, they cannot conduct a traffic stop or seize someone.

What Constitutes an Unreasonable Search?

An unreasonable search associated with a DUI is when an officer does not have probable cause to conduct a search because there is no evidence of a DUI. There is no smell of alcohol and the individual does not display any signs of being under the influence or impaired by a substance. Also, there is no probable cause an illegal substance is inside the vehicle. When an officer conducts a search without a warrant and without probable cause, that is an unreasonable search and is illegal.

For a search to be constitutional, the officer must provide evidence to establish probable cause. With a DUI, they must show evidence that illegal substances would be found inside the car or evidence of the crime of DUI is inside the car. The evidence may consist of plain-view alcohol bottles, liquor bottles, beer cans, or the smell of marijuana.

What is a Warrantless Search?

A warrantless search is when the officers do not have a search warrant signed by a neutral and detached magistrate who reviewed the case and determined whether probable cause existed to issue a search warrant. A warrantless search occurs when a police officer believes they have probable cause of finding an illegal activity or illegal evidence inside. In a DUI case, then is when an officer conducts a search inside a vehicle, in a person’s pockets, and on their person without a search warrant.

Fifth and Sixth Amendment Rights

Another constitutional issue in Lexington DUI cases is the Fifth Amendment right to remain silent. The Fifth Amendment gives people the right to not incriminate themselves. It is crucial that individuals understand that they do not have to answer investigative questions by the officer.

The Sixth Amendment right gives people the right to counsel. When someone is arrested and charged with a DUI, they should reach out to an accomplished defense lawyer as soon as possible.

How Constitutional Issues in Lexington DUI Cases Can Impact a Case

Constitutional issues in Lexington DUI cases impact the case in many aspects. The common issues include whether a person said anything that could be used against them, if they requested a lawyer, whether there was a traffic stop, and if there was a search conducted of the person or the vehicle.

The interpretation comes from case law. Prior cases issued by the South Carolina Court of Appeals, South Carolina Supreme Court, and the United States Supreme Court are the backbone of the courts’ interpretation of the Constitution and should be followed and argued by lawyers. They may argue that the cases are similar or distinguish the cases by showing how they are different.

The interpretation is left up to the presiding judge who has discretion in making the decision. The foundation is the cases that have already taken place with appellate opinions that give the judge an explanation and set precedent to follow.

An accomplished lawyer immediately looks for the issues, identifies the available defenses, and builds the best defense possible. Overall, these are issues that require a lawyer who knows how to find them and how to argue them for the defendant.