Many driving under the influence (DUI) arrests take place on the side of the road. Drivers get pulled over because of questionable decisions at the wheel or test results after a crash. Sometimes they encounter sobriety checkpoints.
If police officers determine that they are over the legal limit for their blood alcohol concentration (BAC) or visibly impaired by alcohol or drugs, they can arrest a motorist for a DUI offense. Occasionally, police officers become overzealous in their attempts to hold people accountable for their conduct.
A recent Appellate Court ruling here in New Jersey may provide a new opportunity for DUI defendants arrested in unusual circumstances. Specifically, the courts ruled on the legality of arresting someone in the garage at their own home.
Police officers need a reason to enter a garage
The case in question involved a motorist arrested in the garage of her home after a police officer suspected her of intoxicated driving. Although the courts initially convicted her, the driver appealed. With the help of an attorney, the appeal made its way to the Appellate Courts, which ruled in favor of the convicted defendant.
The courts effectively overturned the conviction by asserting that the police officer did not have an appropriate justification to enter the garage at the private residence. A garage is part of the home and is therefore subject to protection under the Fourth Amendment. People generally have the right to expect privacy and freedom from government intrusion in their own homes.
Police officers hoping to search homes or conduct arrests inside them need permission, warrants or probable cause. To enter a garage without a warrant or permission, law enforcement professionals typically need proof of exigent circumstances. Essentially, they need to show that some unusual and concerning factor made their intrusion onto private property necessary.
The Appellate Court in New Jersey found that simple suspicion of impaired driving did not meet the necessary standard to make the DUI arrest lawful. Police officers cannot simply follow someone into the garage at their home to arrest them there. Although such circumstances are rare, this ruling may offer hope and a viable defense strategy for some people facing accusations of impaired driving in New Jersey.
Fighting DUI charges requires an understanding of state law and important prior court rulings. Unique situations can sometimes give rise to specific defense strategies that can help defendants avoid a conviction.