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Can You Be Charged with a DUI When Sober?

Updated on June 24, 2022 → Under

Yes, you can get charged with a DUI when sober. For instance, you’re heading home late at night from your job as a server – you’re disheveled, tired, and just want to get home – when you see police lights behind your motor vehicle.

You aren’t high or drunk, you weren’t speeding, and you’re clueless as to why the police officer is pulling you over. After about 10 minutes of talking to the police officer and passing a breathalyzer test, you’re in handcuffs and placed in the back of a police car, and charged with a drunk driving charge. How can that happen?

Law enforcement officers making false arrests for drunk driving has become a common phenomenon in precincts in Illinois and across the country, and they all have a common theme – negligent police. If you have been falsely charged with drunk driving we encourage you to speak with a DUI attorney.

How to Fight a False DUI and Get it Thrown Out of Court

Because of the predetermined bias, many law enforcement officers have during a suspected driving under the influence of alcohol or drugs or DWI traffic stop, it's at all common for them to overreach with their claims of why they believe a driver may be driving under the influence.

Many police officers will typically give one explanation to an individual for why they were pulled over, only for the person to later see on the police report, that reason has suddenly changed to something else entirely.

Challenge the Field Sobriety Test

Since a sober driver can still be charged with a DUI criminal defense attorneys typically advise against taking field sobriety tests, The primary reason to refuse field sobriety tests is because of the likelihood of getting arrested for a DUI even when sober regardless of whether you take the test, and the unfavorable stats that one out of every sober driver will still fail a field sobriety test.

It's crucial to contact an experienced DUI criminal defense lawyer who can review your wrongful arrest and advice you on the best defense strategy with the highest chances to get your charges dropped or dismissed. 

Challenge the Arrest Record

Further, a sober person can be charged with a DUI when the police sometimes alter the initial details after the fact once they arrest a person so that they fit better to suit the charge of a drunk driving charge when it goes to court.

This is exactly where our experienced attorneys can step in to help stop an improper DUI allegation or a false arrest in its tracks, as long as we can examine the arrest details you submit to us online in time before too many court dates pass otherwise.

an image of a police car with its lights on

We often find major details that work in a client’s favor, such as a driver arrested for intoxicated driving wasn't read their Miranda rights in time or at all, which can cause drunk driving charges to get dismissed in common scenarios.

The police have the power of authority granted to them to arrest a person if they're driving under the influence of alcohol or some other type of drug, or even prescribed medications. However, law enforcement officers don't have the right to wrongfully or forcefully charge you, without reasonable suspicion to believe you were driving while intoxicated on a substance.

When fighting a false DUI charge in court, you have the right to challenge the arrest report of the police officer with the help of an experienced DUI criminal lawyer. Once we can review the submitted details of what happened, our criminal defense team can guide you through the specifics of the weaknesses of your case and help you fight to have your DUI charges thrown out.

What is Considered a False Drunk Driving Charge Under the Law?

A false arrest amounts to a wrongful detainment or imprisonment by police officers against your consent, which is based on the false assumption that you were operating a motor vehicle under the influence of alcohol or drugs.

An unjust arrest also happens when a police officer fails to follow the proper legal blood alcohol concentration testing procedures, or when there was any other violation of the arrest protocol under the law.

Our Skilled DUI Criminal Defense Lawyers Can Fight Your DUI Charges

The best way to identify and mitigate your risk of facing driving under the influence arrest charges as a sober person is to speak to a DUI criminal lawyer as soon as possible. The knowledgeable DUI criminal defense lawyers at Dohman Law Group can protect your legal rights and analyze the prosecutor’s evidence against you to build a strong case for your defense.

After a thorough investigation of your DUI case, we can potentially negotiate with the prosecution for a reduction or dismissal of the DUI charges. If necessary, we can build a solid defense strategy to defend you in court. Ultimately, having an experienced lawyer on your side will ensure the best possible outcome in your DUI case.

We offer aggressive legal representation for DUI clients. We offer no-cost initial consultations and case reviews to help answer your questions and outline your legal options. Contact the Dohman Law Group today at 847-359-4005 to speak with a Cook County DUI attorney.

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