This recent news report footage of unfair arrest scenarios as shown, also regularly occurs in every state of the country. A wrongful charge happens when it is based upon a police officer’s same false or mistaken observations of DUI, or their predetermined bias of a driver being under the influence.
When a person gets arrested and wrongly charged with a DUI offense that is unjust, it is quite understandably an overwhelming negative experience to go through to say the least. This is especially since most people are aware that the consequences to expect to happen if convicted, are both costly and serious under the new laws.
Being charged with driving under the influence of alcohol, Marijuana, or other drugs not only places you in a near immediate position where you end up paying high fines and having a suspended license, but will also leave you with having to drive with an expensive ignition interlock device afterwards. What many drivers do not realize at first after getting arrested, is that a DUI or DWI charge conviction will also permanently be found on a criminal background search in the future.
However, there are many times when a driver is experiencing this ordeal unfairly after a wrongful DUI arrest has occurred. In these cases, it is imperative to first have us review the details of what happened with the help of a top DUI lawyer. This is because only a qualified specialist attorney is able to find the legal technicalities and loopholes needed to help you get a case dismissed after you have been charged with a false DUI offense. We provide this case-specific advice to drivers free online, with no other obligation or office visit required.
Since our organization consists of a network of the nations leading DUI specialist lawyers to analyze a person’s arrest online and free, they collectively have vast more experience in finding the best defense to use for a full exoneration. This far exceeds relying on help with any single attorney, who also is likely demanding a payment upfront before they are even of any use.
How to Fight a False Arrest DUI to Get Thrown Out in Court
Due to the predetermined bias many police officers have during a suspected DUI or DWI traffic stop, it is not at all uncommon for them to overreach with their claims of why they believe a driver may be under the influence. Many officers will often give one explanation to a person for why they were pulled over, only for a driver to later see on the police report, that reason suddenly has now been changed to something else entirely.
This occurs when police sometimes alter those initial details after the fact once they arrest a driver, so that they fit better to suit the charge of a DUI when it goes to court. This is exactly where we can step in to help stop an improper DUI allegation in it’s tracks, as long as we can examine the arrest specifics a driver submits to us online in time before too many court dates elapse otherwise. We often find major details that work to a driver’s favor, such as a driver arrested for DUI wasn’t read Miranda rights in time or at all, that can lead to charges getting dismissed in many cases.
The police have the power of authority granted to them to arrest a person if he/she is driving under the influence of alcohol or some other type of drug, even prescribed or OTC medicine. However, the police do not have the right to wrongfully or forcefully charge a person, without a valid reason to believe they are driving while intoxicated on a substance.
In the case of fighting a false DUI in court, every person has the right to challenge the arrest report of the officer with the help of a lawyer. Once we can review the submitted online details of what happened, we will be able to guide you through the specifics of the flaws with the arrest, and help you fight to have your case thrown out.
What is Considered a False DUI Under the Law?
A false DUI arrest amounts to a wrongful detainment or imprisonment by police against your consent, which is based on the false assumption that a driver was operating a vehicle under the influence of alcohol or some other chemical substance.
An unjust arrest also happens when an officer fails to follow the proper legal BAC testing procedures of a person’s breath or blood analysis, or when there was any other violation of arrest protocol under the current law.
Common Scenarios When a Wrongful DUI Arrest Happens By a Police Officer
When a police officer arrests someone without authority or beyond the reasoning of probable cause, then he/she will be committing a false DUI arrest under the law in every state. The police can only arrest a person if an actual crime has taken place.
The bottom line is if you get arrested without committing a criminal offense, then that is considered an official false arrest case. If the officer arrested you for the charge of a DUI or DWI offense but there is no valid evidence to support the allegation, this will also amount to an unjustified DUI arrest which is eligible for dismissal in court. Even when this is the case, it still must be proven under the often complex legal standards – which is precisely how we are able to help.
How Abuse of Police Power Can Be Linked to a False DUI or Wrongful Arrest of a Driver
If you have been arrested for a DUI offense by an officer, but after reviewing the facts it is found there is no real evidence to support the charge, then this constitutes as a false arrest in any state of the country. However the difference with how a wrongful DUI arrest happens to a person versus a false one, is when you get charged by the police beyond the powers vested in the officer and without legal authority.
This type of wrongful arrest situation mostly can occur on private property and/or when unqualified security officers exceed their powers in detaining or sobriety testing an individual. In such a case, our top-rated DUI lawyers can help explain how you get out of these false or wrongful charges as quickly as possible. A person’s chances of winning is at it’s highest especially when it can be shown that your rights have been illegally violated.
How a Medical DUI Defense in Court Can Prove an Arrest was Unjustified
In the case of certain medical conditions such as with diabetes for example, the breath test used most often by the police officers can register acetone as alcohol. When this happens, studies have shown that this condition can raise a person’s BAC as high as 0.6. If that preexisting skewed reading is then added to a driver’s actual blood alcohol content level, it can easily register far higher than the .08 BAC legal limit. Similar incidents have also occurred with people who suffer from acid reflux or chronic heartburn related ailments.
In such a case when a medical condition may have inadvertently resulted in an unjustified arrest for DUI or DWI, it is crucial that we can look at the information. This is essential in order to structure a proper medical DUI defense in your case by proving to the court that you have been wrongfully charged with this offense. For case-specific ways that will apply to your own situation, simply contact us anytime 24/7 at your convenience. We will be more than willing to help you fight with the best defense strategy that works for how to get your wrongful DUI charge dismissed in court.
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- If I am Convicted or Plead Guilty to a First DUI or DWI Offense, Can it be Expunged Later? - April 14, 2018
- Is There Any Way to Avoid a License Suspension After a DUI Charge? - March 19, 2018
- Where Can I Get Help Paying for a DUI Attorney? - March 18, 2018
- How likely is it for a DUI or DWI to get reduced to a lesser offense, such as reckless driving? - March 14, 2018
- What’s Your Chances of Beating a DUI Case with No Breath Test? - March 13, 2018
- What Happens if I Can’t Afford to Hire a DUI Lawyer? - March 1, 2018
- Getting a DUI While Parked or Sleeping in Your Car - February 21, 2018
- A Judge Throws Out 25 Breath Test DUI Cases – How Improper DUI Tests Can Dismiss A Case - February 4, 2018