Being accused of driving under the influence (DUI) or driving while impaired (DUI) can be very damaging for the ordinary person. You may face fines and penalties, loss of your driver's license, higher insurance rates, future job challenges, and even jail time. 

All these means that you must take all available opportunities to defend yourself against the charges. One of these may involve a legal concept known as the fruits of the poisonous tree. What is this concept? And how does it affect DUI arrests? Here's what you need to know. 

What Is the Fruit of the Poisonous Tree?

The fruit of the poisonous tree (FOPT) doctrine stipulates that if law enforcement obtained some piece of evidence through unlawful means, it is excluded from being used in court. This is based on every American's constitutional Fourth Amendment rights against unreasonable search and seizure. 

In addition, any related evidence derived directly through that tainted evidence or action is also inadmissible. The illegal activity is the poisonous tree and any evidence down the line from it is the tainted fruit. 

How Does This Apply to DUI?

So, how does the FOPT doctrine affect your DUI case? In general, this is due to the original unlawful action a police officer may make: an illegal traffic stop. Police cannot pull over a vehicle simply because they want to or are bored. They must have probable cause to do so.

Probable cause could include any way in which the driver is violating traffic laws. It could be speeding, not having headlights on, missing tail lights, out-of-date registration, weaving, or failure to obey signs, for instance. 

If the reason for the stop isn't sufficient probable cause, any DUI evidence obtained — such as a breathalyzer test or field sobriety test — is also inadmissible. In addition, further evidence, like drugs then found on your person during arrest, is also inadmissible. 

The chain of evidence can extend even further if, for example, a gun found during arrest leads to evidence of another crime or you get confused or scared and say something to them which might lead to other charges. If the original stop was illegal, so is all the subsequent evidence.

Where Can You Learn More?

Do you believe that your DUI charge may have stemmed from an illegal search and seizure in violation of your Fourth Amendment rights? Then learn more about the poisonous tree and its fruits by meeting with a local DUI attorney.