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Could a sober person be arrested for a DUI?

On Behalf of | Jan 6, 2022 | DUI

Getting arrested for a DUI can be a serious problem. Heavy fines, possible time behind bars, and even the chance of losing your license can leave someone with a lifetime of direct and indirect consequences. While these consequences can be harsh, they can even worsen if officers falsely arrest you. This may not seem possible, but this exact scenario is beginning to happen in Cobb County, Georgia.

A string of false arrests

Going back as far as 2016, locals of Cobb County were getting arrested for driving while under the influence of marijuana. What makes these arrests different from others is the fact that lab reports verified that there was no trace of drugs in their system at the time of the arrest, making it a false arrest.

A resulting investigation reviewed dozens of arrests made by the same officer and found four more cases that had identical circumstances in the arrest. The drivers would later have their cases dismissed after the lab confirmed no drugs were in their system, but the dismissals would not come for weeks or months after the arrest.

The U.S. district court determined that the officer had qualified immunity because there was enough probable cause present to justify the arrests. However, Georgia’s ACLU is currently filing an appeal, citing that the current sobriety tests in place are based on only alcohol impairment and cannot account for possible impairment from drugs.

How to combat false arrests

If you were the victim of a false arrest or other police misconduct, you have the right to hold the offending officer accountable for their actions. Consult with an attorney to have them review your unique situation and see what you can do to seek justice after your false arrest.

 

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