How to know if a DUI or DWI arrest was justified or not under the law
Drivers who have wrongly been arrested for DUI charges that are later found to be false after the fact, very well may have legal options available to get monetary compensation. This can be an enormous relief for many people in this situation who have spent thousands of dollars in legal fees and related costs, when in fact they should never have been charged in the first place.
- Compensation For Falsely Being Arrested For DUI Charges
- Suing Another Person For Setting Up The Arrest
- Getting Any Record Of Your DUI Cleared
- How Much Money Is My False DUI Arrest Case Worth?
Any person who is charged with DUI or DWI unfairly, does not have to be out the significant amount of money spent fighting the charges. A driver has legal rights against unjustified prosecution, as well as to clear their record of the offense when the charges are proven to be unwarranted. For example, two different men in Florida sued the police after two Breathalyzer tests and even a urine test later on, all had the same results proving they were not driving under the influence of alcohol or drugs. In other recent cases in the news, a defense lawyer got 104 DWI arrest cases dismissed due to improper arrests by police officers.
A person must take the proper steps at the very beginning of the case, in order have the best chances of success toward a false DUI arrest lawsuit. Many drivers are under so much stress and confusion after getting arrested, they are understandably only focused on their defense options and trying to avoid new consequences like having to get the Ignition Interlock device installed. However, many people are never even aware that they may have a strong and valid case to be compensated after the fact.
When you have been wrongly detained or arrested for a driving under the influence offense, and the charges against you were dismissed without you pleading guilty, then you likely have legal cause to get money compensation in regards to the police that charged you.
If you are arrested for a drunk or drugged driving charge that was not legitimate according to the law, you are entitled to get money back for your trouble. Outlined below are the 3 most common legal options for scenarios which may apply to your own circumstance:
1. Compensation for falsely being arrested for DUI charges.
The arresting police are required to have valid legal reason to believe a driver was under the influence of alcohol, Marijuana, illegal drugs, or prescribed medicine in order to justify a DUI or DWI arrest. For example, if it can be shown that the officer had no sufficient cause to stop or pull over a driver in the first place, a driver would very likely have a strong case for false arrest monetary damages.
Even though the threshold for common signs of possible intoxication is low and subject to an officer’s predetermined bias of guilt, here are a list of the usual valid reasons police look for:
- Red or watery eyes
- The odor of alcohol or Marijuana on a driver’s breath
- Failing the breath test over .08 BAC at the traffic stop
- Not being able to pass the roadside field sobriety tests
- Swerving or other similar moving traffic violations
Any person who is unjustly arrested for drunk or drugged driving, has the right to file a civil rights lawsuit under Section 1983 for a violation of a driver’s Fourth Amendment rights. The police officer that charges an individual for a DUI or DWI offense without a reasonable explanation of why they believed a driver was under the influence, will likely lose in a false arrest suit and a driver will be compensated.
The lawyers who review arrests online with us, have successfully represented many drivers in rights violation lawsuits against police officers for false DUI arrests. When officers are wrong in charging an innocent driver, they cause significant turmoil and financial loss to the person. The best way to fight back against this improper conduct by police is to file a suit to get money for being forced to go through this ordeal.
What many people who get arrested for this offense don’t realize, it doesn’t matter if you were only detained or jailed by police for a few hours. This is because being wrongly arrested takes away a driver’s freedom, and could result in major issues for daily life routines, such as having to take time off from work, and missing personal activities. Additionally, there is also much money that has been spent by a person immediately after an arrest, such as towing/impound fees, posting bail, and other related legal costs such as quickly needing to hire a lawyer.
Also what is an important factor considered in a suit, is a false arrest can inflict severe mental trauma that can linger a long time afterwards. In our experience with many people, it is not at all uncommon for them to feel embarrassed, even when it is apparent after reviewing their arrest information they are innocent and the DUI charge was without merit.
If you have been falsely charged with DUI, you are entitled to get money as compensation for the hardship and financial impact you endured. When this is the case, the county or city which the officer works for will be held responsible for what happened. We have found that filing a suit for money damages has a much larger rate of success in helping to fight false arrests by police, than simply lodging a complaint within the same police department as the arresting officer.
The bottom line is when you have been arrested and the police did not have probable cause to do so in the first place, you should receive money damages to compensate you for the improper DUI charge. Give us a call or simply talk to us online if you prefer, so we can review the arrest information needed to establish if you are entitled to monetary compensation. Many drivers are surprised to learn what rights they have for what happened, and just how truly valuable they are when the law works on their side.
2. Suing another person for setting up the arrest.
In a bit less common and more complex scenarios, sometimes another person has called in a knowingly bogus DUI tip to police, to set up a false arrest situation on purpose. In these cases, that person can be held legally accountable for inflicting the false allegations and resulting costs and consequences for a driver who gets wrongly arrested.
A case recently concluded in the news of this happening from California, was famously called the “Dirty DUI” scheme in the headlines across the country. The man in this story was able to successfully sue both his ex-wife who made the phony call to police about his so-called DUI driving, as well as the arresting officer. This news story underscores the importance of letting us properly evaluate the arrest details, so every legal angle can be examined to find out if a driver has a case to turn the tables on this serious offense. There is nothing to lose by easily finding out with us, and only everything to be gained if we find any problems with your arrest.
3. Getting any record of your DUI cleared.
Whether a driver is truly under the influence or not when they get charged with the offense, there is always a record of the arrest on a person’s criminal record, and usually a mug shot picture taken by police as well. There are shady services online offering to remove mug shots online for a fee, which we have previously detailed in how drivers should never fall prey to these companies. In fact as a cautionary rule of thumb, anywhere that is charging a fee online to perform any legal service should never be trusted as a legitimate resource.
When a driver contacts us for help or has their arrest reviewed online, we are able to inform a driver of their options to remove a mug shot that is free, according to the local laws of where the arrest happened. Additionally, after a case has concluded in court, there are also potential options available to expunge and clear a DUI record.
The laws and ways for how to expunge a DUI is different in each state. However for a false arrest situation or in cases when a driver is found not guilty, the record of the charge can be sealed or cleared from your public criminal record. No matter how a drunk or drugged driving arrest happened, when you contact us to discuss what your best options are, we can also be able to help answer questions about how to clear or seal the record from being discovered in future background checks.
You will find that most criminal lawyers will only handle the defense part of fighting the charges, whereas we also handle how to properly move forward afterwards with a truly clean slate.
How Much Money Is My False DUI Arrest Case Worth?
Our DUI lawyer specialists are regularly sought after by drivers who have been stopped and subsequently charged by the police without a valid reason, under what the law outlines as a “false DUI arrest.” Once a driver explains the details of what happened to us, they often ask us a couple of common questions. The first concern and priority being, “can I get the case dismissed or the charges dropped?” The second common question is, “how much money can I get if I was unfairly arrested?” These are serious questions in which the answers will always depend on the facts of what happened for each driver’s own unique DUI arrest scenario. However, regardless of each individual’s specific arrest details, there are certain common traits which tend to apply to every false DUI or DWI arrest case.
In drunk and drugged driving offense cases, the amount of money awarded to a driver can range greatly between each person’s unique arrest situation. With that being said, a false arrest suit is typically worth on average between $2,300 to $5,000 per hour that the arrested driver had to spend detained by police or in jail. Again, the importance of the facts of each person’s own arrest situation cannot be stated enough, since the case results will be entirely dependent on these exact details.
*(Please Note: The precise compensation cost estimate amounts previously mentioned, did not factor in any extra money for punitive damages that might be awarded as well, in which a driver is also sometimes granted in unfair and false DUI arrest cases.) If you feel your arrest was unfair or just simply want to inquire if getting money back from a DUI charge is an option for you, please contact us and let us see how we may be able to help you. We have a long history of being able to get charges dismissed, as well as getting money damages for drivers who have been falsely arrested for driving under the influence related offenses.