Let’s imagine this: you are in your car, driving home on a Friday night and one police officer decides to stop you and pull you over. You get tested for alcohol and then you are taken into custody and then charged with DWI. Your alcohol test was near the legal limit which is 0.8. Does this seem plausible? Does this seem familiar?

You were at a party and you tasted some alcohol. This happens to many people that get charged in the court with DWI. But the DWI tests are full of controversy as there are many people that say they are not legal and that the breathalyzer devices are full of errors. Still, there are many people left hopeless when charged with DWI.

Unreasonable Search and Seizure – The Reason of DWI Arrests

The Fourth Amendment in the US Constitution clearly says that: "The right of the people to be secure … against unreasonable searches and seizures, shall not be violated … but upon probable cause."

This quote actually overrides some laws and this includes the ones that deal with DWI. This means that the prosecutors can not get a conviction for you without probable cause.

This means that a police officer has to have a cause in order to pull you over. This means he has to have a reason to suspect that you are committing a crime. While in the court, your DWI defense lawyer, if he is good, he will question the probable cause.

Valid probable causes are: while driving you are swerving erratically; you stop abruptly for no reason; you drift between lanes; you make some excessively wide turns; you drive at a low speed or a very high speed.

If the police officer will not present some solid justifications for pulling you over, then he is violating the Constitutional rights.