It would be unfortunate if suspected drunk drivers could simply race home and escape arrest by claiming some form of sanctuary. However, this is not the case, as the police may pursue an individual, especially one suspected of driving under the influence, into his or her home or garage to complete an arrest that was interrupted when a suspect decided to flee.¹ A warrantless search of a dwelling is particularly subject to constitutional scrutiny.² As the U.S. Supreme Court noted in Payton v. New York, “the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not be crossed without a warrant.”³ Many cases involve a claim that an arrest violated the Fourth Amendment because the police did not have a warrant, nor were there exigent circumstances to justify a warrantless entry into the home to effect the arrest, with the defense relying particularly on Payton.