Colorado drivers are protected from unreasonable searches in several circumstances as a result of the Fourth Amendment of the U.S. Constitution. One of the many circumstances where the Fourth Amendment comes into play is when a driver is stopped, investigated, and accused of driving under the influence of alcohol or drugs.

Police officers in Colorado must follow a specific procedure when handling situations where they believe a driver is impaired in order to develop reasonable suspicion, stop the driver, and investigate. When officers fail to follow this procedure and conduct unreasonable searches in Denver DUI cases, the case could be dismissed. Seasoned DUI attorney Mike Petrash could evaluate the details of your situation, challenge evidence obtained unlawfully, and work to seek a favorable outcome on your behalf.

Officers Must Have a Reasonable Suspicion

Denver police officers must have a reasonable suspicion to stop someone and investigate a potential DUI charge. They are trained to detect the signs of DUI, such as swerving, speeding, failing to stop at red lights or stop signs, and more. If they observe these types of behaviors, they are authorized to stop the vehicle and interact with the driver. While asking the driver simple questions, they will be looking for physical signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol.

If the officer observes physical indications of impairment, they can ask the driver to submit to a field sobriety test that is designed to assess potential physical and cognitive signs of impairment. If the officer sees certain indications from the field sobriety test, then they may request a preliminary breath test to determine the driver’s blood alcohol concentration.

The Potential Impact of an Unreasonable Search

While there is an established procedure by which an officer first detects that a driver is driving dangerously before stopping them and searching for signs of impairment before asking them to submit to a field sobriety test and subsequent breath test, not every officer follows this procedure. An experienced criminal defense lawyer commonly studies the details of the investigation and arrest in DUI cases to look for errors in this procedure that can demonstrate a violation of their client’s Fourth Amendment rights.

If there was an unreasonable search that resulted in charges in a Denver DUI case, the case could potentially be dismissed and the charges dropped. Additionally, the unreasonable search can also result in the suppression of any evidence gathered at the scene. Some of the issues that a lawyer would look for that indicate a possible unreasonable search in a DUI case include physical disabilities or issues experienced by the driver that could cause an officer to mistakenly interpret a driver’s speech or mannerisms as indicating impairment when they do not, or an officer’s lack of understanding on how to properly administer a field sobriety test.

Learn More About Unreasonable Searches in Denver DUI Cases With an Attorney

Under the Fourth Amendment, the administration of field sobriety tests and preliminary breath tests are not merely “observations” of behavior that indicate potential impairment. They are evidence that an officer uses to continue their investigation and potentially charge a suspect with a DUI, which can carry serious penalties upon conviction.

If you have been unreasonably searched in a Denver DUI case, speak with attorney Mike Petrash about your case and let him fight for your rights. Contact our firm to schedule a consultation today.