Facing an Illegal DUI in Arizona? File a Complaint!
Arizona and its law enforcement team have measures in place to ensure that DUI arrests and convictions are lawful. And yet, sometimes, law enforcement still gets it wrong and arrests someone who is never charged or convicted of a DUI. But for those individuals, they can still face difficult challenges related to their DUI arrest related to employment and car insurance. To avoid the long-term ramifications of such mistakes, you should hire an Arizona DUI attorney to have the arrest removed from your driving record.
It might sound like there’s no way you could even face an unlawful DUI arrest or charge. And while it’s not extremely common, a recent Arizona case proved that it might happen as often as 6 percent of all DUI arrests. Let’s evaluate the case to understand how mistakes can happen related to a DUI.
Recent wrongful Arizona DUI arrest
According to local news, it was just after midnight when a female driver aged 29 failed to stop at a red light and crossed over the solid white line for a few seconds while executing a turn. These violations were enough for the officer to pull the driver over.
At the time of the traffic stop, the officer noted a faint alcohol smell coming from the car. This gave him reason to begin questioning the driver about her alcohol consumption and to complete a field sobriety test.
The woman admitted that she had a sake four hours before being pulled over. After a breathalyzer test, the officer found her BAC to be .02, well below Arizona’s .08 legal limit, meaning she was not at fault of driving while under the influence. With such an outcome, the officer is only permitted to make an arrest if he or she suspects drug use.
The officer proceeded to ask the driver repeatedly if she was on drugs, to which she responded that she has never used drugs in her life. Although the driver had no prior criminal record or history of drug use, the officer arrested her on suspicion of drug use and driving under the influence of drugs. The officer cited a 98 percent accuracy in recognizing the symptoms of a person using drugs.
The woman, who is a behavioral specialist at a school, was then charged with a DUI. While she was confident in her innocence, she was concerned about what might happen with her job. A judge did indeed dismiss her case upon her first court date due to insufficient evidence. The sad news for the driver was that it cost her hundreds of dollars to defend her case and she still had the arrest on her permanent record.
Filing an Arizona DUI arrest complaint
In cases like the one described above, it is in the victim’s best interest to file a complaint against law enforcement. The first step in preparing a complaint is for the victim to take detailed notes about what happened. This includes information about when and where the incident took place, the steps the officer took, names and contact information for witnesses and the badge number and information about the arresting officer.
Be as unbiased and complete in your account as possible to give your attorney the best chance of fighting your DUI arrest. While law enforcement means well in their arrests, they might overlook things in the case. In the above example, the driver repeatedly told the officer that she had severe anxiety around men and law enforcement. Instead of taking that into account, he saw her actions as proving her guilt.
To file a complaint for unlawful DUI arrest, you should hire an Arizona DUI attorney with experience fighting such cases. You do not have to live with an unlawful DUI arrest on your record for the rest of your life.
Click here for our Arizona DUI guide.