
Darryl W. Genis (805) 966-0812
fourth amendment defenses
title 17 defenses 15 minute observation before the breath test?
field sobriety test defenses Did the officer just write that you "failed"?
dmv defenses Blood test? Almost a certain win...
statutory defenses Was your prior conviction unconstitutional?
refusal defenses Were you confused about your rights?
blood test defenses Did you have “one for the road”?
breath test defenses Low-carb diet, asthma or acid reflux?

Fourth Amendment Defenses

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and arrests without a warrant. Because a DUI arrest is one without a warrant, it is presumed unconstitutional. That means that if your lawyer raises the issue, the prosecution must prove the officer had a reasonable suspicion of crime to stop you in the first place and probable cause to arrest you afterward. Fourth Amendment defenses include:

DUI Defense #1

→ No facts to justify the original stop.

DUI Defense #2

→ No facts to justify detaining you for DUI.

DUI Defense #3

→ No facts to justify the arrest for DUI.

DUI Defense #4

→ No grounds to justify search of you or your car.