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What Happens if I Am Charged Wrongfully for DUI


Being charged wrongfully for a DUI could damage your future prospects. In America, driving under the influence (DUI) can result in criminal charges. While not all states consider it illegal to drive under the influence, it still has negative consequences.

The consequences of driving under the influence differ depending on age, percentage of alcohol in blood, and other passengers in the vehicle. Others are children in the car, if you pose a risk to the public, and the possibility of bodily harm to yourself and others.

All these factors determine the charges you are faced with if convicted. Being convicted of DUI charges has far-reaching consequences. However, if you are charged wrongfully for the offense, it does not mean you are guilty.

There are also situations where you can get charged wrongfully with DUI. If you are facing charges, whether wrongfully or not, you need the services of an experienced Boise DUI attorney for proper representation.

Legal practitioners are knowledgeable in handling DUI cases; they will study your charges based on the facts, discuss with you, and come up with the best defense. Before you get charged with a DUI, a police officer must have pulled you over based on reasonable suspicion or probable cause. Anything else may result in being charged wrongfully.

Common Reasons for Being Pulled Over by Police Officers

Drivers seldom welcome the idea of being pulled over by police officers. However, if you drive long enough in America, you will undoubtedly get pulled over as no one is a perfect driver at all times.

Most DUI charges come after the police stop a driver for other reasons. They include:

  1. Cell Phone use
  2. Tailgating
  3. Unsafe or improper lane changes
  4. Driving too slow
  5. Failure to wear a seat belt
  6. Disobeying traffic signs

The list above is not exhaustive; rather, it shows some common reasons for drivers’ getting pulled over. A DUI lawyer in Boise can tell you more.

What Causes a DUI Arrest?

To legally pull a driver over, the police must have reasonable suspicion that the motorist has violated traffic laws. Anything else may result in being charged wrongfully. Also, for a DUI arrest to be legal, it has to be supported by probable cause, which means that there is evidence that the driver was driving under the influence of alcohol or drugs.

Driving under the influence is considered unlawful in all 50 states of America, but the definition of driving under the influence differs by state. DUI in all states are in two parts:

  • Driving, Being in Physical Control or Operating the Vehicle

In most states, all that is needed for a DUI arrest is being in physical control of the vehicle, like sitting on the driver’s seat even if the car is not in motion. For example, operating the car is seen as leaving the key in the ignition while napping at the back seat or outright driving the vehicle while drunk.

  • Under the Influence and Per Se Laws

Under the per se laws, driving under the influence of drugs or alcohol, be it illegal or legal drugs that can impair judgment, can be proven to be DUI by prosecutors. Per se DUI is determined by blood alcohol concentration (BAC) test.

A BAC of .08% or more is taken to be driving under the influence in Ohio. When in doubt of the DUI laws and how you can be protected, you can reach out to a Boise DUI attorney.

How to Determine a Wrongful Arrest

The following are ways to determine wrongful arrest:

  • Probable Cause 

Before a police officer can pull over a driver, there has to be probable cause or reasonable suspicion. In the absence of that and you get arrested for DUI, it is considered illegal and wrongful.

  • Failing Breathalyzer or Blood Tests

Police officers administer field tests using the BAC tests or breathalyzers. If the tests come out negative and you still get arrested for DUI, it is time to call a DUI attorney in Boise. If you fail the sobriety tests, but the chemical tests come out negative, and you still get arrested, there is an issue of probable cause, which makes it a wrongful arrest.

  • Taking the Field Test Under Duress

Most motorists do not know that they can refuse to take the field tests or administer them. In cases where an officer coerces a driver to take a field test, and you get arrested for DUI, it is a wrongful arrest. A Boise DUI attorney can help you with this.

Talk to a Boise DUI Lawyer!

There is no reason for you to suffer in silence if you are arrested wrongfully for DUI. It is always advised that you reach out to an experienced and knowledgeable attorney. The law can be complicated and ever-changing. A qualified Boise DUI attorney is your best bet to getting the right representation.