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Are DUI’s Unconstitutional?
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breathalyzer test

Summary: Breathalyzer tests may violate the Fourth Amendment. 

While other countries buckle down on drunk drivers, one Florida lawyer wants to see the U.S. ease up. Jordan Redavid, who claims he’s one of the best criminal lawyers in Miami, claims breathalyzers are unconstitutional.


The Fourth Amendment protects us from unlawful searches and seizures by requiring sanctioned warrants supported by probable cause. Redavid believes a breathalyzer administered in the field does not meet this criteria, and is consequently unlawful.

Florida, like most other states, relies on “implied consent law.” Under this law, a person driving a car gives his or her consent to take alcohol-level tests such as a breathalyzer if he or she is pulled over while driving. Refusing to take the test can result in suspension and will be used against you in court.

The Fourth Amendment prohibits law enforcement from conducting searches and seizures on private citizens without a warrant. Redavid argues that a breathalyzer test is a search; when the test is done on someone without a warrant, it is unconstitutional and the evidence should be thrown out.

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He acknowledges there are a few exceptions laid out in the Fourth Amendment, like exigency and noncriminal special needs. “Guess what?” he says. The DUI searches “don’t fit into any of them.”

The lawyer takes on many DUI cases, always arguing against implied consent (to the annoyance of other attorneys and judges). Most of Redavid’s filings have been tossed almost as soon as they were filed. However, one judge has been willing to hear the lawyer’s arguments.

The judge asked for a written argument from the State of Florida defending implied consent. She ultimately denied Redavid’s motions, but her request to the state gave way to extended hearings and has opened the door for discussion.

The young lawyer hopes the Supreme Court will tackle the legality of DUI’s soon. “It’s an issue that’s ripe for review . . . by our nation’s highest court,” he recently told New Times. “And, in my humble opinion, long overdue.”

Redavid graduated from the University of Miami School of Law in 2013. He was a Miami-Dade County public defender before transitioning to private practice.




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