In the state of Texas, a driver who refuses to take a blood or breath test after a DUI arrest can have his license suspended for between 90 days and two years. The Texas Department of Public Safety also warns motorists that they can face a 90-day to two-year license suspension if they submit to a test of their blood-alcohol concentration and their BAC is .08 or higher.

A DUI defense lawyer knows that a suspension of your license can cause significant hardship. You have the right to challenge the license suspension. However, you have only a limited period of time in which to request a hearing to try to save your ability to drive. You should talk to a lawyer right away so you don’t miss the deadline and so you can prepare an argument for why you shouldn’t lose driving rights.

Administrative Suspensions Based on Illegally-Obtained Evidence?

While implied consent laws require that you submit to a breathalyzer test when police have reason to believe you are impaired, these laws require that a law enforcement officer have probable cause. Police must have a legitimate reason for pulling you over as well as a reason for asking you to take the BAC test. Otherwise your Fourth Amendment rights may be violated.

Recently, one case in North Carolina addressed what the rules are for an administrative license suspension when evidence is obtained in an illegal search. The North Carolina case arose out of a traffic stop in 2013.

A phone call had been made to police alerting them to the fact that a blue Ford Explorer was weaving and driving erratically. A law enforcement officer subsequently pulled over a woman who was driving a blue Ford Explorer. The officer did not actually see the driver weaving or doing anything wrong. During the time when the officer observed the motorist, she was driving fine and there was no justification for stopping her.

While stopped, the officer asked her to submit to a field sobriety test on the basis of allegations that she smelled like alcohol. She did not pass and was asked to take a BAC test after a DUI arrest, which she declined to do. This triggered a license suspension under the implied consent laws.

Her DUI case was subsequently dismissed because the illegally obtained evidence could not be used since the traffic stop was not legitimate. Although the criminal case against her was dismissed, her license suspension still remained in effect. She went to court, which ruled that the DMV couldn’t consider evidence that was obtained in violation of her rights. However, the DMV argued that the exclusionary rule preventing the use of the evidence in criminal court didn’t apply to the administrative suspension. The North Carolina appellate court agreed with the DMV.

The result essentially means drivers in North Carolina can have their license suspended based on an illegal traffic stop. This is a troubling example of how Fourth Amendment rights are being curtailed and defendants are suffering as a result.

Call Joseph LaBella & Associates today at 800-395-5951 or visit http://www.texas-dwi-lawyers.com/ to speak with a Houston DUI defense lawyer. Serving Harris County, Montgomery County, and communities along Interstate 45 through The Woodlands and Conroe. 

This entry was posted on Wednesday, April 29th, 2015 at 4:44 pm and is filed under Drunk Driving. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.