A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
When you face DWI charges, you are looking for any lifeline that can help you in the court. When you go to your trial, you want to be acquainted with the law and have an understanding of the laws surrounding search and seizure at the scene. After all, you could be charged with a DWI unfairly because of a bad search warrant.
You have a lot to be concerned about with search warrants, especially if you are facing charges. This is what you need to know about search warrants and DWI charges.
Do Officers Need a Search Warrant?
Police officers can search your vehicle and person with your consent. You can remove the consent during the search so long as the officers have not yet found any incriminating evidence.
Officers may not need a search warrant if they have probable cause to believe that you are in commission of a crime, including driving while intoxicated. For example, they may be able to search your car if they see an open container and also can smell alcohol on your breath.
Officers also do not need a warrant to issue a breath test. They can administer the breath test, but they may need a warrant to issue a blood test if you do not agree to it. If you did not consent to a blood test and the officer did not receive a judge-issued warrant to perform the test, you may be able to have this evidence eliminated from your court case.
What About Implied Consent?
Keep in mind that there are laws regarding implied consent that could impact your life if you do refuse a blood or breath test. For instance, refusing to take the test could mean that you automatically lose your driver's license. This could be the case the regardless of whether the officer had a search warrant or not.
Hire a DWI Attorney
Evidence can become complicated, and some evidence may not be admissible in court. It is important to acknowledge that your case may be much more difficult to analyze than you think—especially when the concept of illegal search and seizure comes into play.
After you are charged with a DWI, you need to consult with a DWI attorney to discuss your case. DWIs can be complicated, especially when you discover that the police officers performed an illegal search. Consult with an attorney today to learn more about your case.Share
28 July 2020