3 ways a false drunk driving arrest can happen

 Posted on October 21, 2017 in OWI

Not everyone who is accused of drunk driving is guilty. In fact, Wisconsin police frequently make mistakes during traffic stops that lead to an inappropriate arrest. Here are three ways that false DUI arrests might happen:

Police thought you were driving when you were the passenger: Imagine your friend is the designated driver who is diligently taking you home from a party in your own car. However, on the way home, your friend gets into an accident. You both get out of your car to examine the damage, and when police arrive, they don't believe that your friend was driving. Instead, they assume that you were driving while drunk and they arrest you for a DUI.

You have mouth alcohol: Imagine you just drank an alcoholic beverage, so the alcohol is still in your stomach. You can also smell it on your breath. However, your blood alcohol level is well within the legal limit. If police pull you over, they might smell the alcohol and decide to give you a breathalyzer test. If you accidentally burp while doing the breathalyzer exam, it could result in mouth alcohol that elevates your breath test reading beyond the legal limit. Mouth alcohol happens frequently, which is why police must observe you for approximately 15 minutes before giving you a breath test to ensure that you haven't burped.

You failed your field sobriety test because you were nervous: It's not uncommon for people to get paralyzingly nervous during a traffic stop. That nervousness could lead someone to act strangely, and it could result in the person becoming so terrified that he or she can't perform the tasks associated with a field sobriety test successfully.

These are just a few ways that you might get pulled over and falsely accused of drunk driving in Wisconsin. The fact is, police often make mistakes when arresting people for drunk driving and criminal court judges know that. If you've been accused of DUI, you will have the chance to defend yourself against the charges and you will not be found guilty until -- and only if -- the prosecution proves you to be so beyond a reasonable doubt.