Aaron Delgado Fights to Uphold Clients’ Constitutional Rights

RELEASED: February 19, 2016

DAYTONA BEACH-Fla.

Should a driver be punished for exercising his or her Fourth Amendment Rights? This question, according to criminal defense attorney Aaron D. Delgado, is central to one of his cases that is slated to be decided by the Florida Supreme Court.

The Fourth Amendment to the U.S. Constitution is one of the most important in terms of the protections it affords citizens against unreasonable search and seizure by the government. In practical terms, without an individual's consent or a search warrant, the Fourth Amendment prevents law enforcement officials from arbitrarily searching and seizing items or contents from an individual's home, car or person.

While one may expect that these same protections against search and seizure apply in the case of a DUI-related traffic stop, Delgado argues that Florida's implied consent law is unconstitutional. Under the state's implied consent law, individuals who obtain a driver's license are presumed to give their consent to also submit to a breath, urine or blood test in the event that they are pulled over and suspected of drunk driving.

In Florida, under the premise of implied consent, a driver who refuses to take one or more of these tests is subject to an automatic 12-month driver's license suspension. Subsequent refusals result in an 18-month suspension and a misdemeanor criminal charge.

The case to be decided by the Florida Supreme Court involves Delgado's client William Williams. In 2013, Williams was arrested and charged with DUI. Prior to and at the time of his arrest, Williams refused to provide either a breath or blood test. While the DUI charges against Williams were subsequently dismissed, he was found guilty of the charge related to refusal.

Delgado appealed the lower court's decision to the 5 th District Court of Appeal which upheld the lower court's decision, ruling that a warrantless breath-alcohol test is not unconstitutional as it "satisfied the general reasonableness requirement of the Fourth Amendment." The court also noted, however, that based upon the Fourth Amendment's protections against search and seizure, driving on a Florida highway does not necessarily equate to giving consent for a chemical test and agreed that Williams did not consent to the test.

Delgado is confident that the outcome of an impending U.S. Supreme Court case which questions the constitutionality of imposing criminal penalties on drivers who refuse chemical tests will result in a favorable ruling in Williams' case as well as the cases of several of his other clients.

About Damore, Delgado & Romanik , PLC.

The criminal defense attorneys at Damore, Delgado & Romanik provide high-quality legal representation for individuals who are facing drunk driving charges. We understand the intense feelings of fear and confusion that an individual who is facing criminal charges is likely to experience as well as the fact that these factors can jeopardize an individual's chances of winning a dismissal of charges. For these reasons, if you or a loved one has been arrested and is facing criminal charges, it's important to find out how we can help by contacting us today at (386)492-8694 or by visiting our website at www.communitylawfirm.com.