A completely sober person driving a vehicle can still be arrested for DUI in Colorado. False or wrongful DUI arrests are not uncommon. Police have the authority to arrest someone who is driving under the influence of alcohol or drugs. They do not have the right to wrongfully charge a driver without a valid reason.
What Is a Wrongful DUI Arrest?
False arrest for DUI involves wrongful detainment or imprisonment based on a false assumption by law enforcement that the accused was driving impaired by alcohol or drugs. Wrongful DUI arrest may also involve failure to read the driver his or her Miranda rights, failure to follow proper blood alcohol concentration (BAC) testing procedures, or other violations of arrest protocols under current Colorado DUI laws.
How Do False or Wrongful DUI Arrests Occur?
False or wrongful arrests for DUI/DWI can occur when police arrest a person without authority or probable cause.
- Police officers are only permitted to arrest suspects when an actual crime has occurred. If a driver is not impaired by alcohol or drugs, no crime of driving under the influence was committed. If that driver is arrested, it is a case of false arrest.
- There may be no valid evidence to support allegations of DUI. Arrest is unjustified under these circumstances, and again it constitutes false arrest.
- Wrongful arrest occurs when law enforcement charges a person with a crime without lawful authority to do so. This can happen on private property or when security personnel exceed their authority by detaining or sobriety testing a person.
- Medical conditions can elevate a person’s BAC and lead to unjustified arrest for DUI. For example, a person with diabetes who was well below the legal limit for blood alcohol concentration could register above the legal limit on a breath test. This is because people with diabetes have higher levels of ketones in the blood, which breath tests read as alcohol.
What Is at Stake for the Accused in a False DUI Arrest?
After a false or wrongful DUI arrest, charges may or may not be dropped due to a lack of substantiating evidence. However, even if the charges are dropped, there still may be profound consequences for the person falsely accused. Depending on the circumstances, you could lose your driving privileges or have your vehicle impounded. An arrest could affect your reputation and your employment opportunities. It is important to fight back if you have been wrongfully arrested for DUI.
What Does It Take to Fight a Wrongful DUI Charge?
To fight a wrongful DUI charge, you need an experienced Colorado Springs DUI defense attorney. Under state law, police officers must have probable cause to pull you over for suspicion of drunk driving. If they had no legal justification, your DUI lawyer may be able to get your DUI charges dismissed. Your lawyer can raise all defenses that apply to fight the charges.
Why Choose Us?
At The Bussey Law Firm, P.C., we have extensive experience successfully defending clients against DUI charges. Attorney Timothy Bussey is certified on the Intoxilyzer 5000 and as a NHTSA field sobriety test instructor. He is also certified in forensic chromatography, a process used in DUI blood testing. He is a former district attorney who understands the tactics of the other side and knows how to respond to them.
If you have been falsely or wrongfully arrested for DUI, we can thoroughly examine the state’s case against you for any possible flaw and pursue every avenue to get the charges dismissed. We can also work to get the arrest expunged from your record. Call us today at (719) 401-0585 to schedule a free consultation.