What to Do When You’re Wrongly Accused of DUI: False Accusations of Drunk Driving

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Facing a false accusation of driving under the influence (DUI) can be an alarming and distressing experience. This critical situation demands immediate and decisive action to protect your rights, freedom, and future.

False DUI accusations can occur due to various factors, ranging from medical conditions and faulty testing equipment to unreliable witness testimonies and potential police errors or misconduct.

It’s not uncommon for police to make mistakes or jump to conclusions, leading to wrongful arrests and charges. But the consequences of a DUI conviction can be severe, including fines, license suspension, jail time, and a permanent criminal record.

If you are arrested and falsely accused of drunk driving, you need to hire a criminal defense attorney knowledgeable in DUI law. The Defenders are here to help. We have successfully defended countless clients against false DUI charges, and our experienced team can guide you through this difficult time.

What Is a DUI?

A DUI, or Driving Under the Influence, refers to operating a vehicle while impaired by drugs or alcohol. Every state has its own laws and regulations regarding DUIs, but they typically involve driving with a blood alcohol concentration (BAC) above the legal limit.

The BAC limit in Nevada is 0.08%, although it can be lower for certain individuals, such as commercial drivers or those under 21 years of age. A DUI conviction can result in severe consequences, including fines, license suspension or revocation, and even jail time.

Know Your Rights

It’s essential to know your rights when facing a false DUI accusation. These include your right to remain silent, the right to an attorney, and understanding probable cause and your rights during a traffic stop.

If you are pulled over on suspicion of DUI, you have the right to remain silent. This means you do not have to answer any questions or provide any information that could incriminate you. You also have the right to request an attorney before answering any questions.

Additionally, police officers must have probable cause for pulling you over and conducting a DUI investigation. If they do not have valid reasons for doing so, it may be considered a violation of your rights.

Common False DUI Scenarios

There are many potential factors that can lead to false DUI accusations. Below are some common scenarios and possible DUI defenses:

  • No probable cause: If the police had no valid reason to stop you in the first place, any evidence gathered during the traffic stop may be deemed inadmissible. For example, you weren’t swerving, speeding, or committing any other traffic violation. The police cannot just pull you over.
  • Medical conditions: Certain medical conditions, such as diabetes or acid reflux, can cause false positives on breathalyzer tests. In these cases, it’s crucial to have evidence from a healthcare professional supporting your condition and its effects on the test results.
  • Faulty testing equipment: Breathalyzer machines require proper maintenance and calibration to produce accurate results. If the equipment used in your case was not correctly calibrated or maintained, it can lead to faulty readings and false DUI accusations.
  • Inaccurate field sobriety tests: Field sobriety tests are often subjective and rely on an officer’s interpretation. If the person administering the test is inexperienced or improperly trained, they may misinterpret the results, leading to a false accusation of DUI.
  • Prescription medications: Certain prescription and over-the-counter medications can affect BAC readings and lead to a false DUI charge. These may include painkillers, sleep aids, and cold or allergy medications.
  • Unreliable witness testimony: In some cases, other drivers or bystanders may falsely report you as driving under the influence. It’s essential to have strong evidence to refute their claims and prove your innocence.
  • Police misconduct or errors: Unfortunately, police officers are not immune to mistakes or even misconduct. If they fail to follow proper procedures during your arrest or investigation, it could result in a false DUI accusation.

Steps to Take If You’re Wrongly Accused of DUI

If you find yourself falsely accused of DUI, it’s crucial to take immediate action to protect your rights and build a strong defense. Below are some essential steps to follow:

  1. Remain calm and cooperative: It’s natural to feel angry or upset when facing a false DUI charge, but it’s essential to remain calm and cooperative with law enforcement. Avoid arguing or becoming confrontational, as this may worsen the situation. You are required to provide basic information such as your name, but you can choose to remain silent when asked about other things such as where you were coming from or whether you had been drinking.
  2. Request an attorney: As mentioned earlier, you have the right to request an attorney before answering any questions. It’s crucial to exercise this right and not say anything that could potentially incriminate yourself.
  3. Document everything: Keep track of all details related to your arrest, including time, location, and events leading up to it. Make a detailed note of everything that happened leading up to and during your arrest. This information can be useful for building your defense later on.

Why Hire a Criminal Attorney?

Navigating a false DUI charge can be overwhelming, stressful, and confusing. That’s why it’s essential to hire an experienced criminal defense attorney who specializes in DUI law. They have the knowledge and expertise to help you understand your rights, build a strong defense, and fight for your innocence.

An attorney can also review all the evidence against you and challenge any discrepancies or violations that may have occurred during your arrest or investigation. They can also negotiate on your behalf with prosecutors and potentially get the charges reduced or dismissed.

The Defenders Can Help You Fight False DUI Charges

If you’ve been falsely accused of a DUI in Nevada, The Defenders are here to assist you. Our team of experienced criminal defense attorneys has a deep understanding of DUI laws and years of experience successfully defending clients against false DUI charges.

While you can handle a false DUI accusation on your own, hiring an experienced attorney can significantly increase your chances of a favorable outcome.

When you don’t have an attorney representing you, there are a number of things that could go wrong. Prosecutors have a vast amount of resources available to them to find the necessary evidence to convict you.

The Defenders are well versed in the prosecution’s tactics and can help you counter them aggressively. Our lawyers will:

  • Investigate your case to determine all facts and circumstances surrounding the alleged crime
  • Determine whether there was police error or misconduct, or you are being falsely accused
  • Go over the strengths and weaknesses of your case with you to give you an idea of how your case will stand up in court
  • Inform you of all the legal options available to you
  • Offer guidance, support and sound legal advice

Don’t let criminal charges force you to accept negative consequences that will last your entire life.

Call us today for a strategy session to discuss your case.

Frequently Asked Questions

What should I do if I’m arrested for DUI but wasn’t drinking?

If you are arrested for DUI but know that you were not drinking, it’s essential to stay calm and cooperate with law enforcement. Request an attorney and do not say anything that could potentially incriminate yourself. It’s also crucial to gather as much evidence as possible to prove your innocence.

Can I refuse a Breathalyzer or Field Sobriety Test?

While laws vary by state, Nevada has an implied consent laws which require drivers to submit to a breathalyzer or field sobriety test if they are suspected of driving under the influence. Refusing these tests can result in automatic license suspension and may be used against you in court. Nonetheless, you can refuse to do these tests.

How can medical conditions affect DUI charges?

Certain medical conditions or medications can affect BAC readings and lead to false DUI accusations. If you have a medical condition or are taking medication that may impact the results of a breathalyzer test, it’s essential to inform law enforcement and your attorney.

What are my rights during a DUI stop?

During a DUI stop, you have the right to remain silent and request an attorney before answering any questions. You also have the right to refuse field sobriety tests but may face consequences such as license suspension. It’s crucial to exercise these rights and not say anything that could incriminate yourself.

How long does a DUI case typically last?

The length of a DUI case can vary depending on various factors, including evidence, court schedules, and whether plea bargains are involved. On average, cases can take anywhere from a few months to a year or more.

What are the potential consequences of a false DUI conviction?

A false DUI conviction can have severe consequences, including fines, jail time, probation, license suspension, and even damage to your reputation. It’s crucial to fight against these charges and prove your innocence with the help of an experienced attorney.

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