We entrust local, state and federal authorities to protect us, and we believe that they will show good moral character and uphold the rights of any citizen. Even if someone has been accused of committing a crime, the accused have certain rights that police officer's cannot infringe upon.

One of these rights is protection from illegal search and seizure. In an unusual case, a 43-year-old Winston-Salem man had his blood drawn against his will by his arresting officer to check his blood alcohol content. The 43-year-old was charged with a DWI in 2010 and after refusing to take a blood test, he was held down in a hospital bed by police officers and security guards while a nurse came in to draw the blood.

The police infringed on two of the 43-year-old's right. The blood itself is protected under constitutional law from illegal search and seizure, and a person accused of a DWI can refuse to give a blood or breath sample for testing. The 43-year-old's attorney labeled the officer's search and seizure of his client's blood "unreasonable and excessive."

If you refuse to comply with the blood sample or breathalyzer test, an automatic one-year license ban is applied to the accused drunk driver. However, a Forsyth County judge dismissed the 43-year-old's DWI charge because his rights were violated, and the man is considering appealing the revocation of his license. "I feel betrayed because really the system didn't stick up for me," he said.

You still have rights even when you are charged with a criminal act, and there is no better way to protect those rights than to attain a reputable attorney. By bringing in a legal representative, your case can be properly defended and you can rest easy knowing that an experienced professional is handling your criminal matter.

Source: WGHP, "DWI Charge Dropped After Man Says Winston-Salem Officer Sat on Him," Michael Hewlett, Jan. 13, 2012