Police are so intent on cracking down on drunk driving that they often target people who are sober. To police, this may appear to be a case of "it is better to be safe than sorry." Of course, the victim in such a situation does not feel the same way. After all, a DUI arrest can change a person's life forever.
If you are wrongly arrested for driving under the influence, you don't have to sit back and hope that you win when your day in court comes around. Instead, there are legal options you can take to clear your name and put this in the past.
While it may not be something you look forward to, you have the right to file a lawsuit for a false arrest.
There is evidence of probable cause and arrest, such as:
-- A blood alcohol concentration reading of 0.08 percent or above.
-- Failure of a field sobriety test.
-- The smell of alcohol coming from a person.
-- Bloodshot eyes.
But what happens when an officer arrests somebody for DUI when he or she does not have probable cause? In this case, a person may decide to move forward with a lawsuit for false arrest to protect his or her rights.
If you find yourself in this position, it is important that you understand your legal rights and that you are wiling to fight back. In the end, you want to get justice. You also want to make sure your arrest record is removed. This is your life, and you don't want a false arrest to ruin it.
Source: FindLaw, "After a False DUI Arrest, What Can You Do?," accessed April 14, 2016