This recent news report footage of unfair DUI arrest scenarios as shown, also regularly occurs in every state of the country in May 2023. 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.
If you feel you have been arrested for an undeserved offense, the best DUI recourse is a free top local attorney arrest review online which will immediately help with legal defense options and explain case chances of winning before the pending case goes to court or a defendant pays any lawyer fees.
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. Too many drivers unjustly arrested for an improper DUI-related offense, hesitate getting legal help in time when they feel they cannot afford a DUI lawyer, and consequently lose valuable time-sensitive defenses that work to increase chances of getting charges dismissed.
Free DUI, DWI defense attorneys are available in many cases to help
To prevent these type of situations from happening after an undeserved DUI charge, it is important for individuals in tough financial predicaments to know that affordable and often even free pro bono DUI defense is available in many cases through top local law firms around most locations.
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.
Related news: Video captures troopers discussing quota for drunken driving arrests, lawsuit claims
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 2023 DUI, DWI 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 are 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.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
20 thoughts on “Unfair DUI – What to Do When You Have Been Wrongly Charged With an Unjust DUI Offense Arrest”
I just went through the most horrible experience in my life getting a DUI that was wrong. I took a hit off a vape pen, went inside my home ate and went to sleep. THC is legal here in AZ. Fell asleep approximately 10 p.m. woke up next day at 1 p.m. that’s 14 hours of sleep, woke up and ate a piece of pizza hopped in my truck and left never touching the vape at all! Forgot I even had it in the truck in matter of fact.
Got pulled over by local police, went through a series of sobriety tests for over 2-3 hours, then the officer got a a search warrant for my blood and he charged me with a DUI.
Now he said I refused the alcohol breathability and I never refused it. I need help, I’m feeling so alone and helpless and violated. I don’t understand why, or what’s going on. Please. Not to mention impound fees and going to jail.
I was leaving an atm a quarter mile from my house same street, my husbands door is broke and it opened as I was turning I rolled out and the car rolled over me. Because I didn’t want an ambulance they gave me a feild sobriety. I held my leg up but with a wobble as I was just thrown from a car. Breathed 0.00 and they said they couldn’t get enough blood now what? I wasn’t impaired or drunk just getting money from atm.
Were you found guilty?
Last Saturday night I was arrested for a DUI when I wasn’t even driving my car or in my car, or had my keys. I was waiting for my daughter to pick me up from a restaurant, and a band that was playing there.
I told the cops I was not driving and keys were not in the car. The officers asked me to do a sobriety test, but I need multiple surgeries on knee and shoulders. I said I would not be able to do the DUI test.
Then the police officer took me away and arrested me. The officer mishandled and violently pushed me down to the ground on both shoulders and knee that needed surgery. Now I am wrongly being charged for a DUI. I need good legal help, I was not driving and the DUI arrest is totally unfair.
I am on the same situation! Please tell me what happened?
I was pulled over in a small town in Pennsylvania. I asked why I was pulled over and he said we would get to that later. He than glanced in my backseat seen my son and started making comments about that’s right your son set the words on fire last year. Which never happened. My son was never charged with this although the police took the charges to the DA who refused to charge him.
The officer was mad I would never allow him to question my son. We moved outside of the boro after this because the police are ruthless there when they think they know something they can’t prove. I still at times have to drive threw which I was this night.
When he started saying things about my son I started to get frustrated. He than decided I was drunk I was not at all. He asked me to step out of the vehicle and asked if I would perform a field sobriety test. I told him I didn’t trust him to perform it and I requested a breathalyzer. He denied it 3 times to me.
Two other officers came to the scene he than gave me a breathalyzer. He claimed I blew a .086 u knew he was lying and started to go off he told me I was under arrested for dui. He arrested me in front of my child and his friend the whole way to the police station he is saying things to me that are just out of line and I am furiously cursing. He asked me for my blood I refuse. He gets a court order I comply. We go to the hospital he than drives me home and drops me off.
The next day children and youth show up at my son’s school. I call children and youth they come and do a home study and close my case. The caseworker says it’s very unusual for an officer to call them normally a person would be charged and upon conviction the victim witness program would notify them.
Penndot than suspended my license for a year I appealed it because I didn’t refuse to give my blood I gave it to them I just made them get a court order. I lost my appeal even though I am not being charged with dui because I wasn’t under the influence of anything. Than I get over 650 in fines for disorderly conduct and driving without registration.
Where was that DUI Coaldale Lehigh valley?
I was driving home at about 5am after a night of hanging out with my girlfriend. I only had 2 drinks & I smoked a small amount of marijuana throughout the night. On March 31, 2019 I was stopped 5 blocks away from my house, driving home from a night out with my girl friend. I was stopped for my car not being registered. I wasn’t working at the time & couldn’t afford to pay it.
The officer didn’t ask to see my license. Almost right away he told me he smelled marijuana coming from my vehicle. He then proceeded to ask me if I had smoked tonight. I told him I did smoke about 2 hours ago.
I’m a regular marijuana smoker so it doesn’t affect me as it would someone who doesn’t smoke often. I was asked to do the field sobriety tests which I did. I was very cooperative & honest with the officers. I was asked if I wanted to go to the hospital to take a chemical test.
It was 6 AM. I was driving to my house, not bothering anybody. I didn’t even commit any driving errors. I just wanted to go home so I refused. I wasn’t warned of the consequences of refusing the blood test. I wasn’t read my rights. I wasn’t allowed to get any of my belongings from my car before it was towed.
They also never told me they were going to tow my car. I was taken to jail for about an hour. Where I was asked to submit to a PBT test. I did & my reading came back a .05. I live in PA where the legal limit is a .08. I was under the legal limit. I only had 3 drinks that night & that was hours before I decided to drive home. I wasn’t impaired at all. I have never been arrested before or charged with anything.
The officer that gave me a DUI is notorious for giving people DUI’s. My license is now suspended for a year…well now 2 years because the SAME COP decided to get me for driving while my license is suspended about a week ago while I was driving to WORK. I live in a very small town with no buses, in order to have a decent job you need to drive at least 25 minutes outside of town. I have nobody to give me rides. I’m a good kid, I don’t do anything illegal. All I do is work & stay home. My life is now completely messed up because of this situation.
Sounds similar to mine except I lost my son over it. Been doing everything to get him back. I was pressured into drinking and when I felt fine to drive I went to take my son home and this dude who pressured me to drink followed me and my son to my car and wouldn’t get out. I panicked and called my sister and she called the cops and then he called the cops and turned everything around and made me look like a bad mother when I didn’t even want to drink in the first place.
Yeah sounds about how we get treated during a DUI.
What was the outcome?
I was charged with a DUI. I couldn’t even get ARD. I lost my license for a year, had to be on probation, pay $1000 in fines & a $500 restoration fee to get my license back, even had to do Alcohol highway safety school classes. I also wasted $1000 on a shxt lawyer who did nothing to help my case. I didn’t drive for a year but Thankfully the cop pleaded down my 2nd charge so I did not lose my license for an extended period of time. I was completely wronged by the legal system but still had to pay for it. Literally. I learned my lesson I guess even I didn’t deserve anything that happened to me.
I was driving home at about 5am after a night of hanging out with my girlfriend. I only had 2 drinks & I smoked a small amount of marijuana throughout the night. I’m a regular marijuana smoker so it doesn’t affect me as it would a person who doesn’t smoke often. After last call at 2am we went back to her house & I waited hours to drive home specifically for the reason of not wanting to get a DUI. Even though I was nowhere near drunk, I know the police can exaggerate so I wanted to be safe. I was about 5 blocks away from my house when I saw the flashing lights behind me. I pulled over & was very cooperative with the police. I was pulled over for my car not being registered. I was not working at the time & couldn’t afford to pay my registration. The officer didn’t ask to see my license or anything, he detected an odor of marijuana coming from my car , only because I smoked in my car whenever I would smoke because I had no other place to do it. He asked me if I had smoked I was honest & I told him I did about 2 hours ago. Right away I was asked to get out of the car to perform a field sobriety test. I was asked to go to the hospital to take a chemical test. I refused. IT WAS 6AM. I was driving home, not bothering anybody. I made no traffic errors. I wasn’t warned of the consequences of refusing the test. I wasn’t read my rights. I was taken to jail for about an hour. I submitted to a PBT test while there. My Results were a .05 .. Under the legal limit in my state. They treated me like a criminal. I wasn’t allowed to get any of my belongings from my car before it was towed. I wasn’t even told my car was going to be towed. The cop who gave me a DUI is notorious for giving people DUI’s. I wasn’t even high. I wasn’t impaired at all. I have never been arrested or charged with any other crimes before. I now lost my license for a year .. going to be 2 years. Because The SAME COP pulled me over for driving while suspended while I was driving TO WORK. I live in a very small town with no buses. There is no work in this town , in order to have a good job you need to drive at least 25 minutes outside of here. I have nobody to give me rides to work. My life is now on hold for 2 years all because a power hungry cop wanted to get another DUI under his belt.
I’m going through same thing, the only difference is i injured my spinal cord well my psoriatic disc slipped. These jerks pulled me over saying my plate light out. How can u see my back plates if I’m traveling west, and they’re traveling east at 1130 pm? How if other vehicles where behind me with low beams on, my license plate was lit up from drivers trailing me?
Then the police officer says he smells liquor, the whole time I’m smoking a cigarette. Lol he thought it was marijauna and after he stopped me, and seen it was a cigarette. That’s when he start interrogating me “have u been drinking today?” I said I had a beer earlier. I mean why lie, I’m not drunk lol. But wasn’t read rights when detained. I didn’t consent to my domain being searched nor me, and then the DUI was put on me.
Thank you to everyone who has shared their story. I was, unfortunately, turning a corner and a recycle truck was stop and go I should have been paying more attention. A little chaos going on I have a pet business and so had 4 dogs in the car and my 14yr old. We hit the recycling truck..surprise surprise a city service truck.
Immediately the police showed up . I was somewhat in shock as our air bags deployed and concerned for the animals and my daughter. I got them up on the side walk and the neighbors had come out thank God to help us and offer up help. I never thought the police would show up to arrest me.
I was accused of drinking and being belligerent. Let me step back and let you know a bit about me I have an accent but speak English, and had just been an in an accident. OFFICER WALLACE took it as belligerent as I could not find the words to help myself out so I grew quiet. He then arrested me.
This was the beginning of being interrogated!! I am not sure what my child said I know she would never say anything to bring harm my way. They took me to a holding cell after I refused to do a breathalyzer, afraid that all the drugs I have been taking for cancer would show negative.
I opt for a blood test. I was not told my rights thrown into a holding cell no water and if anyone knows cancer is brutal what it can do to your body and its like shattered glass. OFFICER WALLACE brought in an officer to speak russian I was insulted I SPEAK ENGLISH and I was begging for water and to call my daughter to find out if she was ok from the accident.
After 3 or 4 hours they took me for a blood test but not until they interrogated me and watched me like a bird in a cage. In the past when my children asked me why I hate police this is why I have seen and personally been treated worst then a dog. I ask them why are you doing this and you don’t have to, when I was booked down town.
I have to be honest the searching officer, she was kind to me. They were kind, they knew I was sick I was bent over throwing up all night so they separated me knowing it was not drug related it was my cancer. The all night officer was also kind, he called at 4am a nurse doctor does not come till 8 am to check my vitals after repeatedly checking on me. He knew I was truly sick and in a bad place.
I was released the next day at 3 pm or so but after enduring along night of pain. I do not believe in this system. I regret that I have heard so many unjust stories. They called Child services. I wish I had the childhood my sweet Miia had. I grew up hard in Eastern Europe and would never put a child or animal in harms way. Amber Wolz the child care service said I had Miia present every time…everytime?
Said I had 6 dui arrests, but I have not had 6, was arrested in 2015 and in the system. How do you clear your name after you are told you have done things you would never do? I am now not driving. I feel trapped and a tsunami of trouble my way.
I did listen in my time in jail to some of what these women shared. I still cant get out of my head one her name is Amy she was crying for her daughter 9yrs old. She wanted to hold her. Breaks me that the system here doesn’t always go after the real criminals. Officer Wallace who are you and why would you interrogate me?
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.
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
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.
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.
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.