DUI Exceptions to
the US Constitution
The following was inspired
by Lawrence
Taylor, a Los Angeles/Orange County California
lawyer and noted speaker and author on the subject of DUI
defense.
FOURTH AMENDMENT:
YOU HAVE THE RIGHT TO BE FREE FROM UNREASONABLE SEIZURES Except
in the DUI case where you may be stopped without cause at
a police checkpoint and seized while they investigate whether
you have been drinking. Further, in Kansas, a cop can stop
you for "safety reasons" even if you haven't committed
a traffic violation or done anything wrong.
FOURTH AMENDMENT:
YOU HAVE THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES Except
in the DUI case where you may be forcibly held down and your
blood withdrawn against your will for testing purposes.
FIFTH AMENDMENT:
YOU MAY ONLY BE PUNISHED ONCE FOR THE SAME OFFENSE (DOUBLE
JEOPARDY) Except in the DUI case where, in Kansas and most
other states, you are subject to criminal proceedings and
proceedings against your driver's license at the same time
(Note: driving privileges may be suspended in BOTH the criminal
and "administrative" proceedings).
FIFTH AMENDMENT:
YOU HAVE THE RIGHT TO REMAIN SILENT Except in the DUI case
where, by the act of obtaining a driver's license, you are
deemed to have consented to a breath, blood or urine test
and may not refuse the same without losing your driving privileges.
Further, field sobriety tests are not considered "testimonial"
and therefore no Miranda Warnings are necessary.
SIXTH AMENDMENT:
YOU HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT AT ALL CRITICAL
STAGES OF PROCEEDINGS (INCLUDING WHILE MAKING ANY STATEMENT)
Except in the DUI case where you may not consult with an attorney
about whether to take field sobriety tests or a breath, blood
or urine test
EIGHTH AMENDMENT:
YOU HAVE THE RIGHT TO BE FREE FROM CRUEL OR UNUSUAL PUNISHMENT
Except in the DUI case where, in Kansas and most other states,
incarceration is MANDATORY for a DUI conviction. There is
virtually no other crime for which this is true. For most
felonies in Kansas, including car theft, some sex crimes,
and residential burglary, probation is granted automatically
and the offender need not spend one day in jail.
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