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Both the United States Constitution and Minnesota Constitution set out important rights for individuals, and many of these rights apply to the criminal justice process. You have the right against unreasonable search and seizure, which means police officers may not simply search your property, detain you, or arrest you without a warrant or sufficient justification. You also have the right to remain silent, have defense representation, a fair trial, and much more.
Unfortunately, the criminal justice process does not focus on upholding the rights of arrestees or defendants. Therefore, if you were arrested on suspicion of drunk driving, you want an experienced attorney to assess any potential constitutional issues in Bloomington DUI cases. Our driving under the influence (DUI) defense attorneys from BK Law Group protect your rights and use any constitutional violations during the arrest process as part of your defense strategy. Contact our firm now for more information about your case.
Due to the United States Constitution, Amendment IV protections against unreasonable seizure, law enforcement officers may not simply pull you over whenever they choose. However, officers might profile drivers and come up with false reasons for stops just to see if the drivers are intoxicated or have contraband in their cars.
If our DUI defense lawyers in Bloomington determine there was a constitutional question about the reason for your traffic stop, we could request the court to throw out all evidence and charges arising from the stop.
Officers must have probable cause to believe you are driving under the influence. It is a constitutional violation to test your blood alcohol concentration without probable cause in Bloomington DUI investigations. If they demand breath or blood samples without sufficient cause to suspect a DUI, we could move to get the test results kept out of evidence in your case.
Sometimes, officers use a DUI arrest as a reason to search for other types of contraband, including unlawful drugs or weapons. However, your 4th Amendment rights prohibit a full vehicle search without a warrant, your consent, or probable cause there is evidence of a crime. Without any of these justifications, officers may only search limited places or seize evidence in plain sight.
If you are facing additional drug or gun charges because of an unlawful search during your DUI arrest in Bloomington, we could seek to have that evidence suppressed because it was obtained unlawfully and is against the constitution. Suppression of key evidence often leads to a dismissal of charges if the prosecution does not have other evidence to prove your charges.
It is a constitutional issue for police to arrest you in Bloomington simply because they suspect you might be driving under the influence. They must have probable cause to believe you engaged in DUI (or another offense) to arrest you. If your arrest was unlawful, we could seek to suppress anything you said to police or any test results after your arrest.
Once you are detained, officers must inform you of your rights before they question you. If the police failed to read you your rights or continued questioning you even though you invoked your rights, we could use this constitutional violation as part of your defense in your Bloomington DUI case to keep out any statements you made to officers.
When you are seeking criminal defense representation, look no further than BK Law Group. We regularly identify and raise constitutional issues in Bloomington DUI cases, and this is often a key part of the defense strategy.
Our DUI defense attorneys do everything possible to fight your charges or minimize the consequences you face. After a DUI arrest, contact our firm for a consultation as soon as possible.
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