DUI Arrest in Arizona

Reader’s Question:

Hi, I just moved here in Gilbert, Arizona and I got interested in DUI when a neighbor was wrongfully arrested for it. Question is, what does the fourth amendment has to do with any DUI case?

Billy

Gilbert, AZ

The Fourth Amendment to the United States Constitution means a lot for a driver on the Arizona roadways especially in relation to traffic offenses, most specifically, DUI investigation/suspicion. In any DUI stop, a police officer who pulled over the vehicle should to justify why the vehicle was stopped. That explanation should include the evidence that a traffic violation was actually committed. If not, this could absolutely result in the suppression of evidence that is taken illegally.

The DUI defense attorney could definitely file a motion to suppress if the police officer could not demonstrate that a traffic infraction was thereby committed because this would be a violation of the Fourth Amendment rights. If the judge agrees, then it means that the DUI case would be dismissed because any evidence that was obtained from illegal stop is inadmissible. Note that most of the DUI case dismissals are results of this approach. In your neighbor’s DUI case, hiring a good DUI lawyer there in Arizona could definitely challenge the DUI stop to find out if it was a lawful stop and no violation of the defendant’s right was actually committed.