What You Can Do When Falsely Arrested For DUI
The police are regarded as the protectors of the law. However, this doesn't mean that they themselves don't have to abide by the law. This is particularly true when it comes to DUI arrests. The unfortunate reality is that some people arrested with this charge are in fact not guilty of the crime that they have been accused of. If you have been falsely arrested and accused of driver under the influence, it's important to take action.
False Arrest
In the eyes of the law it's not enough to simply say that you have been falsely arrested or accused of DUI. There are certain conditions that must be met in order to bring validity to this statement. The first condition is a lack of probable cause. Police officers aren't allowed to make an arrest just for the heck of it.
There has to be probable cause. In terms of a DUI, forms of probable cause include erratic driving, the smell of alcohol on the breath of the driver or the failing of a sobriety test. If you were arrested and were not displaying any signs that would constitute probable cause, this could be a case of false arrest, meaning that you do have options moving forward.
What Your Options Are
Even if you aren't convicted, the mere fact that you have been arrested for a DUI can bring along harsh consequences. This is especially the case when you work within a role that requires frequent background checks. If you have found yourself within this type of scenario, it's time to contact an attorney.
An attorney will first examine the specifics of your case and highlight any inconsistencies. Based on their findings, you have several options ahead of you. First, you can have the arrest removed, in a process known as expunging your record. If this option is not available, you may be able to have the arrest sealed so that others cannot view it. If your arrest ultimately led to a conviction and the lack of probable cause was the result of gross negligence on the part of the arresting officer, you might also be able to file civil suit.
Every person has the right to be protected by the law. If you believe your rights have been violated and you have subsequently been falsely accused of DUI, an attorney, like the Law Offices of Daniel Aaronson, can step in on your behalf to ensure you are protected.
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