Can A Sober Driver Be Arrested For DUI?

Being charged with DUI is a frightening experience, it is made even more so when you are not under the influence of alcohol when pulled over and arrested. Most people would be surprised to learn that not every person charged with DUI has been drinking. There are instances where the field sobriety test result is a false positive, due to improper equipment maintenance or even the existence of legal substances such as certain prescription medications.

In one highly publicized case, a sober driver was charged with DUI after the officer hit her! In the summer of 2014 a Wisconsin woman was arrested for DUI after an officer ran a stop sign and plowed into her car. The case unfolded like this:

  • 25 year old Tanya Weyker was hit by an officer who ran a stop sign.

● Weyker was injured in the incident, and therefore unable to participate in a field sobriety test.

● The officer made an arrest of DUI despite the lack of a test result showing a BAC over the legal limit.

A blood test later revealed Weyker was not under the influence, but the experience was long and difficult. Instances such as these show that mistakes are made all the time, and sober drivers can be wrongfully accused of DUI. In Weyker’s case her injuries included a broken neck, which prevented her from taking a field sobriety test. Other factors that might prevent a driver from agreeing to a field test include age, or physical disability. Even then, if the test is taken a false positive may still happen if the test isn’t administered properly. For an analysis of your case, call a qualified DUI defense attorney with experience reviewing the testing process and examining all the components of your case.

If you have been charged with DUI, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer aggressive representation for criminal charges. Call us today to schedule an appointment that includes a free initial evaluation of the facts of your case.

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