Unfair DUI – What to Do When You Have Been Wrongly Charged With an Unjust DUI Offense Arrest

This recent news report footage of unfair DUI 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 or with no probable cause for a traffic stop, 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. We inform you how to challenge and defeat unfair DUI arrest tactics quickly and effectively with legal defense countermeasures that are specific to beat your own DUI case.

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, 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 when there was no reasonable suspicion for the DUI stop. 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.

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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.

5 thoughts on “Unfair DUI – What to Do When You Have Been Wrongly Charged With an Unjust DUI Offense Arrest”

  1. I work in a bar, that night i worked from like 3 to 9. but I had also been at my other job that morning so I had worked a double shift. That night I had offered to give 2 other coworkers a ride home. While waiting on 1 i started to have a beer. Then i was advised that a regular customer needed help getting home.

    I did not really feel like he did but to appease another person i got into his car with him while another person followed me in my vehicle. We got him home safely but in the mean time my phone had fell out into his car and i did not realize it. So that started about an hour back and forth search between where i work, my own vehicle and then back to his house. The whole time someone else was with me. When i finally found my phone i was tired and frustrated so i took home my friend and then proceeded home. But in the process of leaving her neighborhood i got all turned around and finally got my bearings.

    As I was driving down the road i went to send her a message letting her know i appreciated her helping me find my phone when i did let my large Expedition jerk a bit .. i was then pulled over which i did promptly. As soon as the police officer approached me he was very argumentative and almost harassing.

    He first accused me of not having my seat belt on which i did. He asked me for my license which was in my wallet but My purse contents were still scattered allover my floor board from when i had been looking for my phone. He kept asking me why i was so disorganized and i was trying to tell him when him when i did finally find my license. He took it and ran it and came back and started immediately telling me i smell like alcohol i told him i work in a bar and that night a beer had been spilled on me.

    I did tell him i had started to have a beer but was only able to have a few sips before i had to leave because of everything before. He asked me to do a field sobriety test on an “imaginary line” but every time i tried to ask for clarification on what he was looking for he would get agitated another officer arrived and he was being just as demeaning. He did the enystagumus test which i totally went along with but then when my eyes started itching and watering because i have allergies and i was tired he said i was blinking too much.

    Finally he then again moved onto the walk and turn test but he kept changing the requirements so i finally asked him can i try so i can understand what he is asking me to do then he can correct me if necessary. i started to do what I thought he wanted me to do meanwhile he was interrupting me so I just finally stopped. he made a remark about how I was not completing it properly and I told him It seemed like no matter what I did he had already decided it was going to be correct.

    Every time i would try to ask for clarification the officers would trade off on who was telling me what to do and also change the instructions. He then asked me to do the 1 leg stand test i told him i know i am unable to do that mainly because i have never had the best coordination but also because i am a waitress that has been working double shifts and the bottom of my feet are covered in blisters. That was when he proceeded to start getting more agitated.

    Im sure he did ask if i was going to do a breathalyzer but at this point both of them were being very berating and ii did not feel comfortable. When they did finally read me writes I said I did not understand I will admit at this point I was being sort of defiant but the other officer said what do you not understand I said frankly I dont understand how it is determined whether or not I can afford an attorney? He said you understand your rights now stop.

    They sat me in the back of the police car parked my vehicle apparently even asked the business i was in front of if they could leave my car there. Once at the jail when there was other witnesses i asked for a breathalyzer or blood test and he said no. I then advised him i really need to go to the bathroom i have a medical condition which makes it hard for me to hold it. He would not let me go until he finished my paperwork .. also alluding that a female had to take me but when 1 appeared she was not able to take me either.

    After about 30 minutes of sitting there i was getting agitated and uncomfortable but stayed seating until he finally did take me. half way sitting in there my cuffs actually fell off but I just sat there with them on my lap until another officer noticed. while I was still waiting for the police officer to finish the paperwork I asked him for additional information on what exactly I was being charged with and he refused to answer another police office finally stepped in and explained it to which I said thank you.

    When they finally put me in a cell where there was another woman who was having withdraw shakes and I started to comfort her why she was crying and shaking in my lap. I stayed there for the next couple of hours where I asked several times that I think this girl needs medical attention and I was ignored. There were 2 phones in the cell which one was not working but it would let you call out and every time it would connect the person could not hear me there was another person on the other phone I told the sheriff’s deputy that the phone was not working when I was told I would just have to deal.

    Meanwhile this whole time I could have been making arrangements to get out earlier. Finally my parents came and got me and they released me about 6 am. I had to be at work at 8 so I folded all the paperwork up and went to work for the day. Finally after I got off work I had to go to a followup appointment at the court house. That is when I realized that they had also given me the full info including their address and social security number on someone else who was detained that night.

    So not only do I feel like I was detained for longer than I should but they even provided me proof of their own incompetence. I have had legal issues before and I wanted to be clear on my rights I also felt like police officer was intent on filing charges even though I was initially very cooperating until he was making it impossible for me to cooperate. I am also serve safe alcohol certified I understand drink counts and expectations.

  2. Pulled over by police with no probable cause,
    Passed field sobriety tests,
    Arrested for OWI,
    No miranda rights read
    Taken to jail and screamed at to take breath test.
    Insisted on blood test and taken to hospital.
    Sober the entire time
    Police were mad at me for an argument that happened between me and a prison guard at a bar a month earlier and I called 911 and gave them a hard time about it. Small town and corrupt police

  3. I received a DUI june 3, 2017. It was dismissed March 7, 2019. I only make 975.00 a month. I would like to sue the Elgin police Department for the monies I paid for bail fines, towing and transportaion cost for the year I could not drive. I am on SSI. I was in an accident in 1976 which left me with a smashed jawbone, so I now have a slur and double vision. I do wear corrective glasses in which they took from me to give me a vision test.

  4. Ok i got pulled over for bad license light. I was asked out my car to do a field sober test.i told i have head injury as nd back problems i cant pass it. Mind you i had taken two pain killers 4 hours earlier. I failed the test and got arrested. Got charged with dui dwi reckless careless and 7 other tickets. 5 cop cars showed up. I was not impaired from the medicine. I had a skull fracture at the time.i need all the help i can get. The township supplied a lawyer threw a plea bargain to plead guilty. The dre officer say due to being under the influence. I fired that lawyer cause i hadent even talked to him befor the day i went to court. I have documents proving injury to my head. Been to court 8 times now, please help.

  5. I need your help regarding no reasonable suspicion for a DUI stop. I was recently a victim of unfair DUI arrest tactics. I just need to learn the best way how to challenge the DUI arrest in court which is coming up soon. Thank you calling me back so quick after my first inquiry and leaving me a message, I accidentally let it go to voicemail. I will be available the rest of the day.

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