False DUI Arrest in Florida

DUI is a serious charge in Florida. A DUI conviction can affect you and your family for the rest of your life. There are many occasions, however, when you can be wrongly arrested for DUI or suffer from misconduct at the hands of arresting officers. If this happens to you, you should talk to a criminal defense lawyer who can help you sue a police officer for false arrest or misconduct.

False Arrest

A reasonable grounds should be established when a DUI arrest is made by a police officer. This means that there should be something wrong about the way you drive or some other reason that would lead the officer to believe that you are driving while under the influence of alcohol or drugs. If a police officer stops you without reasonable grounds, then this constitutes misconduct. It is in your best interest to cooperate politely with the officer because aggressive or uncooperative behavior can be reasons for an arrest.

After the police officer stopped and questioned you, you may be asked to go through sobriety tests and maybe asked to blow into a breath analyzer test. It is in your best interest to cooperate with these tests. If you fail either your sobriety test or the breath analyzer test, the arresting officer will take you to a police station for a chemical test. If you believe you do not fail the test and show no evidence of alcohol on the breath analyzer test but the police officer still brings you to the police station, this could constitute a false arrest.

Misconduct

There many cases when police officers act in a manner which is not lawful. This happens especially when you are already in custody for DUI. Your criminal defense lawyer can cite malicious prosecution when a police officer charged you with DUI even if there was no probable cause in the first place to make an arrest.

The use of excessive force in a DUI arrest is also unlawful. Police officers have the right to use reasonable force against you if you resist arrest. However, there are many cases when reasonable force becomes unreasonable force. This may be difficult to prove, but your lawyer can pursue it depending on the evidence you have.

If you believe you were falsely arrested for DUI or there was some evidence of police misconduct while the arrest was made or you have been charged with DUI, you should hire an experienced DUI lawyer who can protect and fight your rights.