Law enforcement in the United States arrests a staggering one million drivers per year for driving under the influence of drugs or alcohol. Still, police officers don’t always get it right, and innocent drivers end up in handcuffs. Consequently, lawyers recommend that you do a few things following a wrongful DUI arrest. 

A wrongful DUI arrest can leave a driver angry, scared, and seeking the next steps to get on with their lives

A call to a lawyer is typically one of the first things a driver will do after a driving under the influence (DUI) arrest. However, not every DUI arrest is a cut-and-dry case of an inebriated motorist. Wrongful arrests happen, and lawyers advise motorists to do a few things afterward. 

• Stay calm, cooperative, and avoid self-incrimination 
• Consider asking for a breathalyzer or blood test over a field sobriety test
• Remember details and document as much as possible
• Gain legal counsel following an arrest

For starters, The Defenders recommends remaining calm after a police officer stops you under the suspicion of driving while intoxicated (DWI). Furthermore, the Fifth Amendment of the U.S. Constitution protects American citizens from self-incrimination. As such, lawyers recommend that drivers consider remaining silent for questions like “Where are you coming from” if the answer is somewhere that purveys alcohol.

As odd as it sounds, some lawyers recommend requesting a breathalyzer when law enforcement wants you to take a standard field sobriety test (SFST). An SFST typically consists of three tasks: the horizontal gaze nystagmus (HGN), the one-leg stand (OLS), and the walk and turn (WAT). Unfortunately, even sober testers can fail these balance-and-focus-based tests, giving prosecutors a tool for conviction.

A wrongful DUI arrest can be extremely traumatic. However, lawyers recommend remembering as much as possible and documenting everything. Your details can help your representation build a case after a wrongful arrest. Finally, Artz & Strum Law Group recommends seeking legal counsel after an arrest, right or wrong. Drivers can potentially sue and gain compensation for their hardships.

And it happens more often than you might think. For instance, hundreds of drivers in Tennessee have dealt with wrongful DUI arrests. In the case of Tennessee motorists, police don’t have breathalyzers to assess blood alcohol concentration (BAC). As a result, drivers fail portions of the SFST and it’s off to jail.