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RIGHT TO BE FREE FROM UNREASONABLE SEARCHES Except in the DUI case where you may be forcibly held down and your blood withdrawn against your will for testing purposes.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

Free Evaluation Concerning Your Kansas DUI or Missouri DWI Defense

This web site is for informational and advertising purposes only. Jay Norton is the attorney responsible for all of the content in the advertising material. The law firm of Norton Hare, L.L.C., is based in Olathe, Kansas. None of the information contained in the Norton Hare, L.L.C. website should be construed as legal advice and it does not create an attorney-client relationship between the viewer and Norton Hare, L.L.C. absent an express agreement between the law firm and the viewer. The attorneys of our firm have extensive experience as Kansas DUI lawyers and Missouri DWI lawyers and are also well known in the community as Kansas criminal defense attorneys, Missouri criminal defense attorneys and federal criminal defense attorneys. The Guide to Kansas DUI Law and Guide to Missouri DWI Law do not constitute legal advice and may or may not accurately represent the current state of the law on those subjects as laws change frequently. Every legal matter is different and the information in these pages may not be applicable to any one specific case. The viewer should neither take nor refrain from taking any action on the basis of any information on this Web site without first seeking appropriate legal or other professional advice. The receipt of an email from our law firm, even in response to a specific question, does not create an attorney-client relationship and no email exchange should be considered confidential. All attorneys at Norton Hare, L.L.C. are licensed in the state of Kansas. Attorneys J. Ryan Hare and Lindsay Hare are licensed in Missouri, as well. None of the information in this Web site pertains to any states other than Kansas and Missouri and should not be construed as solicitation of business in those or any other states. Norton Hare, L.L.C. specifically disclaims any warranties of services this Web site may seem to offer. If you are unclear about the terms of this disclaimer, the accuracy of any information on the website, or if you have a Kansas DUI, Missouri DUI, federal, state or municipal criminal charge in Kansas or Missouri, a personal injury case in Kansas or Missouri, or a domestic relations case in Kansas, please feel free to contact our law firm for further information.