DUI False Arrest - The Basics
By: Mary Ann Pekara
Each year, thousands of men and women in the United States are arrested for driving under the influence of drugs or alcohol. In many cases, these arrests occur following a traffic violation. There are certain situations, however, when law enforcement officials arrest someone for DUI without probable cause.
Probable cause is a reasonable belief that someone has committed a crime. This reason is necessary in order to make an arrest, and without probable cause, there may have been a false arrest.
In past legal cases, police personnel have come under scrutiny from the courts for drunk driving arrest techniques that appeared questionable. In one case, video footage of a DUI suspect appeared to contradict what a police officer had included on his report about the suspect’s behavior. When prosecutors in the case saw the video tape of the arrest, they dropped the DUI case completely.
You can talk to a DUI attorney in your area about your case and questions you have about whether you faced a false arrest. For your free case evaluation with a local DUI lawyer, simply complete the free form on this page and we'll connect you right away.
False Arrest Lawsuits and Compensation
While a false arrest may lead to the charges against you being thrown out, you may also be entitled to damages and monetary compensation.
Law enforcement may be held liable for false arrest in civil court. In order for a false arrest claim to hold up, you must show that you were arrested without probable cause or a proper purpose.
If a false arrest is proven, then the people responsible for the arrest may be required to pay money damages to the victim. If this is the case, individual officers and sometimes entire police departments or governments may be responsible.
A lawsuit like this may allow you to collect for damages like as loss of salary while in prison or the value lost from a damaged reputation. Other punitive damages like ill will and malice may be factors in damages as well.
Are you entitled to damages? Do you have a false arrest case? Speak with a local DUI attorney about your case and your options.
Have a DUI Attorney Evaluate Your Case
You don’t have to have all of the answers yourself. Talk to a sponsoring DUI attorney in your area about your case. For a free case evaluation with a local DUI lawyer, simply fill out the free form below.