What To Do When You're Wrongly Charged For A DUI

Law Blog

Police are not infallible; they do make mistakes, and one of those is wrongly accusing people of driving under the influence when they were actually sober. Unfortunately, a mistake like this on their part could mean a mountain of legal and financial trouble for you. Here are two things you should do when you find yourself in this situation.

Document Everything

One of your best defenses against a wrongful DUI charge is to document everything you can about the situation. Ask for the officers' badge numbers, the reason they pulled you over, and the justification for arresting you. Most cops have cameras on their person or in their vehicles, so you want to make sure this information is caught on the official record.

You'll also want to record the interaction or have a third-party film the encounter. The police can be slow to release videos of stops, and you'll want something to give your attorney, who will use it to help build your defense. Additionally, your recording may pick up details that weren't caught by the police's camera, providing further ammunition to get the charges dropped.

Make note of any stops you make on your way to the police station. For instance, if they take you somewhere to get tested, get the name of the facility and any staff who are present. These people can serve as witnesses as well as avenues to get information in case the police stonewall requests for test results and documentation.

Lastly, at the first opportunity, write down everything you can remember from your encounter. Even the tiniest detail can be useful in your defense, so don't leave anything out.

Contact an Attorney Immediately

Defending yourself from a false DUI charge is not something you want to do alone. It's not unusual for police to creatively edit their reports and conveniently lose evidence to justify the charges and avoid losing face or being reprimanded for making a false arrest. You'll need someone who can provide an effective counter to these kinds of tactics to make sure the truth comes out and your case is dismissed.

Additionally, once your case is over, your attorney can help you get the event expunged from your record. A DUI charge, even if you're not convicted, can have a negative impact on employment and housing opportunities, so it's critical you get it removed as soon as possible.

For help with your DUI case, contact a local criminal defense attorney.

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23 May 2022