Being charged with a DUI is a serious offense, and it can cause a number of obstacles thereafter. If you’ve been falsely arrested for a DUI, you may be facing any number of additional difficulties as you fight your charges and work to clear your record.
After a false DUI arrest, you need to exercise due diligence right away. Here are some things to consider as you embark on your journey to clear your name:
Sue for False Arrest.
In order to arrest an individual for DUI, police officers are required to have probable cause. If an officer arrested you without probable cause, meaning they didn’t have reasonable belief that you were intoxicated, he or she may lose in court if you bring your case before a judge.
It’s important to bear in mind that it’s quite difficult, if not nearly impossible, to sue a police department for false arrest. Officers are trained to look for a number of signs that could indicate intoxication and support probable cause including:
- Failure to complete field sobriety tests as demonstrated
- Blood alcohol concentration (BAC) reading of 0.08% or more on a Breathalyzer if you’re over 21 years of age and operating a regular passenger vehicle;
- Bloodshot eyes;
- Erratic driving or traffic violations.
Generally speaking, courts grant law enforcement immunity so, as such, it can be incredibly difficult to sue a police officer or department for false DUI arrest. Regardless of the outcome of the case, officers are generally immune as long as they believed their evidence was correct at the time of the arrest. For this reason, it’s important to remember that not every false arrest is unlawful.
Sue for Being Set Up.
Although the circumstances are rare, there may be times when a false DUI arrest was caused at the hands other than the arresting officer. If there is a conspiracy involving third parties who have targeted you for drinking and driving, you may have grounds for a civil suit regarding bad-faith arrest, particularly if police officers were involved in the conspiracy.
Get Your Arrest Records Removed.
When you were arrested, you probably had your mugshot taken, and the arrest was put on your record, even if you were sober at the time. You should have your DUI record expunged or sealed. Another remedy is to request that the arrest be deemed a detention only, thus never been arrested.
Every city and state has its own specific laws pertaining to DUI arrests and expungement of records. If you’ve been falsely arrested for a DUI in or around Los Angeles, California, you should consider consulting with a DUI attorney who understands the laws in L.A. Jon Artz is a Los Angeles area DUI attorney who has been working with drunk driving cases for over 40 years. Schedule a private consultation with Jon today.