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Being falsely accused of a crime such as drunk driving may happen to regular people more often than you think. There are a variety of conditions that could prompt these unlawful arrests. It’s important to be aware of these conditions and what to do if you are falsely arrested or detained for drunk driving so you can protect your rights and your record.

Common False DUI Scenarios

False DUI arrests include any type of wrongful detainment by police based on the assumption that you have operated a vehicle under the influence of alcohol.

There are several conditions where this occurs, and a person is wrongfully accused and arrested for DUI. Some of the more common occurrences include:

  • Improper BAC testing procedures/violation of arrest protocols
  • False positives in a breathalyzer test due to device or user error
  • False positives in a breathalyzer or other BAC test due to a medical condition
  • Other mistakes from police officers

Oftentimes police officers are on high alert for drunk drivers at certain times of day which may cause them to mistakenly arrest sober or otherwise innocent drivers. Every driver should be prepared for the chance of being falsely arrested.

What Should You Do?

Unfortunately, DUI law is notoriously complex with a variety of nuances and even a false accusation can threaten your career and your future. Take this seriously and be sure to take steps to protect yourself.

If you think you’ve been unlawfully arrested for DUI you can exercise your rights, including your right to remain silent and your right to an attorney. It may also help to document all the details you can remember about your arrest including any potential witnesses who may be able to testify to your innocence.

Next, you’ll want to contact and hire an attorney who can help you fight these charges. An experienced criminal defense attorney can help you navigate this experience and ensure your rights are protected and the false arrest doesn’t remain on your record.