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.
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.
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RIGHT TO BE FREE FROM UNREASONABLE SEARCHES Except in the DUI case where you may be forcibly held down and your blood withdrawn against your will for testing purposes.
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).
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.
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
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.