The following post was created by our friends at The Law Office of Jason S. Stevens, LLC. For more helpful legal tips, or to learn more about their firm, head over to their site. Today, they pen a guest blog on Wrongful DUI Charges.
We’d like to believe that we live in a world where innocent people aren’t charged with crimes that they didn’t commit, but that’s just not the reality that we live in. From time to time someone is going to inevitably find themselves getting arrested for something they’re not guilty of, no matter the area of crime.
It’s easy to envision someone fighting against a wrongful charge of robbery or homicide, but some people may find it hard to believe that wrongful DUI charges do take place. Even harder to believe – especially by innocent people caught up in these exact situations – is that a wrongful DUI charge really can be fought against.
To learn what qualifies as a wrongful arrest and charge, the various violations that may have occurred during these proceedings, and what you or someone you know can do to challenge a DUI charge, read on and pay careful attention to the advice featured here.
Determining Wrongful Arrest
Before an arrest can be made, a law enforcement officer has to have probable cause to charge you with a crime. If any field sobriety tests or chemical tests (breathalyzers or blood tests) determine that you are not intoxicated or under the influence of any narcotics, and an arrest still occurs based on DUI charges, then you’ve likely got a wrongful arrest on your hands.
Also, if field sobriety tests are failed, but chemical tests are passed, and an arrest still takes place, then the issue of probable cause comes into question. Such a situation would likely be viewed as a judge not properly constituting enough probable cause to make a DUI related arrest.
Part of determining whether being stopped, questioned, and subsequently arrested was lawful also lies in deciding if a police officer had probable cause to pull a vehicle over in the first place. Many DUI arrests occur after someone has been pulled over due to some sort of traffic offense (speeding, failure to use turn signal, broken head or taillights, etc.).
If a police officer can’t reasonably prove that they had good reason to pull you over, then this may become a key piece of defense later on during a trial. Such a situation may in fact invalidate any and all evidence collected by the arresting officer after the unlawful stop. Without this evidence, it may be difficult or impossible to prove probable cause.
Sobriety Checkpoints
Law enforcement does an important job of keeping drunk drivers off the streets by setting up sobriety checkpoints, but mistakes can be made during these procedures that can lead to an unlawful charge of DUI. Before we get into this, though, let’s take a look at what constitutes a lawful sobriety checkpoint.
Checkpoints aren’t random affairs; they have to be set up and administered by supervising officers with the approval of local government. This means that checkpoints cannot be set up by regular officers while out on patrol. Officials must also be able to prove that setting up the checkpoint is necessary, and that the location that has been chosen for the checkpoint makes sense.
Vehicles must also be stopped according to a neutral, non-biased procedure. Police officers can’t simply pick and choose who they stop at a checkpoint: If a vehicle enters the checkpoint, then the driver has to be questioned the same as everyone else.
The time that you spend at a checkpoint also has to be reasonable. For example, law enforcement cannot detain you for 20 or 30 minutes simply questioning/pressuring you without due cause. The procedures of the checkpoint itself also must be conducted in an efficient and accurate manner.
There should be plenty of ways in which the checkpoint is designated, such as flashing lights, traffic cones, the presence of police vehicles, and clearly distinguished law enforcement officials. You should also see clear advance warning posted along the road stating that there is a checkpoint ahead.
Many people also don’t realize that checkpoints have to be made known to the public before they’re going to be put into use. If any of these criteria are not met, then the constitutional legality of the checkpoint may be called into question, and therefore the legality of any DUI charge issued through the use of the checkpoint.
Common mistakes that can take place at a sobriety checkpoint often involve the improper use of testing equipment, such as breathalyzers. These devices need to be properly calibrated before use, and this recalibration has to occur on a regular basis; otherwise, the device is likely to give a false reading.
They also require regular maintenance/cleaning, as neglecting such maintenance can also lead to a false reading. Whoever is administering the breathalyzer must be certified to do so and must ensure that no gastrointestinal upset has occurred prior to the subject’s testing. This is due to the fact that having vomited or experienced acid reflux just prior to taking the test may give a false indication of higher alcohol levels.
The test must also be done at least twice, with each reading being no further apart than .02 alcohol content. So, if the first test comes back with .09, and the second with .14, or even with higher levels like .16 and .20, then the tests will be seen as invalid.
Challenging the Charge
The first part of your challenge will take place in the form of a trial. When you appear before a judge at your arraignment, you’ll enter a plea of not guilty, which in turn will lead to a preliminary hearing. At the hearing your lawyer will have the ability to refute evidence and testimony presented by the prosecution, as well as present defending evidence and testimony showing that a wrongful arrest took place.
If the judge feels that not enough evidence has been put forth to qualify for a dismissal of charges, then you’ll go on to trial where you’ll have the chance to prove to a jury that you have been wrongfully charged.
If you win your case, then you may have the opportunity to sue the police department responsible for the arrest, typically for civil damages. If you or your lawyer feel that a criminal offense occurred, then you can file a lawsuit against the arresting officer and even the officer’s corresponding police department.
