How To Handle False DUI Charges

The consequences of a DUI charge can be debilitating. From hefty fines to months of jail time, any kind of criminal charge can be scary to deal with. However, things become even more complex when you are falsely charged. There is nothing more angering than being accused of a crime when you are actually innocent. Thankfully, there are steps you can take. 

If you are being accused of a DUI charge, you should take the right measures to protect yourself legally. Other than the legal difficulties, you may face other challenges in other aspects of your life as well. That is why it is important to take those charges seriously. Get help and seek legal coucil immediately to avoid destroying your future. 

Steps to handle false DUI charges 

• Understand your rights. 

When you are falsely accused of DUI or any other crime, you have certain rights under the law. Here are some things to remember in the moments of panic: 

• Right to remain silent. 
• Right to retain an attorney.
• Right to refuse field sobriety tests.
• Right to refuse a breathalyzer test (there may be some penalties involved).
• Right to a fair trial. 

• You can sue for a false arrest. 

Many people think that the police are powerful and, thus, can do and act as they wish. However, officers must have probable cause before making an arrest. A probable cause may be determined through the following: 

• Failed field sobriety tests,
• 0.08% BAC or over on a Breathalyzer,
• The driver’s breath smelled like alcohol,
• Bloodshot eyes and
• Traffic violations/erratic driving.

An officer who arrests a person without having a reasonable cause to believe that the person was intoxicated is breaking the law. You can pursue a false arrest case against them. 

• You can sue them for setting you up. 

In some rare circumstances, a false arrest happens due to someone setting you up, and there is no fault of the arresting officer. The arresting officer is made to believe that there was probable cause when there actually was not. If there are third parties involved who targeted you for driving and drinking, you can pursue a civil lawsuit regarding bad faith. In some cases, the police officers are also involved in bad-faith conspiracies. 

• Get your arrest record removed. 

Once you establish that you were falsely arrested, you should get your arrest record removed with the help of an attorney. Removing mugshots circulating on the Internet can be difficult, but it is easier to expunge criminal records for a false DUI. 

Hire an attorney today.