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What Can You Do About A False DUI Arrest?

On Behalf of The Foley Law Firm | April 22, 2015

Just because you are arrested for DUI does not mean you are guilty. In fact, there are times when a person is falsely arrested. While some people fight to clear their name, others are under the impression that they have no rights.

If you are arrested for driving under the influence, but did not commit the crime, there are legal options to consider:

-- File a lawsuit for false arrest. Did you know that officers must have a reason for making an arrest? This is known as probable cause. Here is some of the evidence of probable cause for making a DUI stop and subsequent arrest: erratic driving, smell of alcohol, bloodshot eyes, failing a field sobriety test, and failing a breathalyzer test.

-- File a lawsuit for being set up. Although rare, there are times when a person is set up to be arrested for driving under the influence.

-- Work to have your arrest record removed. Regardless of your situation, it would be in your best interest to have your DUI arrest removed from your record. In the event of a false DUI arrest, this may not be nearly as challenging as you believe.

Being falsely arrested for driving under the influence is unfair on many different levels. Even so, it can lead to lost time and money, not to mention the impact that it will have on your life. If you feel you have been falsely arrested for DUI, it is a good idea to learn more about your rights and how to best deal with this situation.

Source: FindLaw, "After a False DUI Arrest, What Can You Do?," accessed April. 22, 2015

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