You can sue for a wrongful DUI arrest or false imprisonment. If your lawsuit is successful, you could receive economic and non-economic damages. These give you money you can use to recover financially from your arrest or imprisonment.
If you are the victim of a wrongful DUI arrest or false imprisonment, seek legal help. A Los Angeles DUI lawyer can teach you about penal codes in California and determine if you can pursue compensation from any liable parties. From here, they can build a case to help you maximize your damages.
How Does a Wrongful DUI Arrest or False Imprisonment Happen?
Unfortunately, the legal system sometimes makes mistakes, and these can lead to a wrongful DUI arrest or false imprisonment. There are many reasons why people are wrongfully arrested or imprisoned for driving under the influence. These include:
Lack of Probable Cause
Police officers pull you over while you are driving and say they suspect you are intoxicated, resulting in a DUI arrest and imprisonment. Ultimately, they must have probable cause to do these things. If these officers do not, you could argue that there was no probable cause in your California DUI case.
Inaccurate Preliminary Alcohol Screening (PAS) Breath Test Results
You receive a PAS breath test that shows your blood alcohol concentration (BAC) is above the legal limit. The test results help a prosecutor get a conviction, but these results may be incorrect. If you can discredit a PAS breath test in your California DUI case, you could have the charges against you dropped.
No Miranda Warning
The police are legally required to share your Miranda rights with you at the time of your arrest. Otherwise, you may be unaware that you have the right to remain silent, and what you say and do can be used against you. If you never received a Miranda warning, your lawyer may consider pursuing a Miranda rights defense in your DUI case.
Following a wrongful DUI arrest or false imprisonment, take legal action. Meet with a lawyer to evaluate your legal options. An attorney can review your case and help you decide if now is the right time to sue for a wrongful arrest or imprisonment.
When Can You Sue for a Wrongful DUI Arrest or False Imprisonment?
Generally, the statute of limitations is two years for a personal injury in California. If you want to sue for a wrongful DUI arrest or false imprisonment, do so right away. You could seek damages from the police officer who arrested you, the police department that employs this officer, or both.
To get started, file a complaint against the arresting officer. Your complaint can detail the officer’s actions against you and why this individual should be punished accordingly. Also, you can submit a motion to suppress any evidence that the officer obtained during your arrest.
Along with these things, you can file a lawsuit against the arresting officer and their police department. In your lawsuit, you can argue that you are the victim of a civil rights violation. This may allow you to collect damages for your quantifiable and subjective losses.
What Damages Can You Get If You Sue for a Wrongful Arrest or False Imprisonment?
You can request economic and non-economic damages. What you receive in damages depends on your losses. Your lawyer will encourage you to ask for damages for many reasons, such as:
Medical Bills
You suffer an injury during your arrest or while you are in prison. The costs to treat your injury can be significant since you require physical therapy or other long-term treatments. At this point, your lawyer can help you get damages for your current and future medical bills.
Lost Income
Your arrest or prison sentence causes you to lose your job and the income that comes with it. Thankfully, your lawyer accounts for your lost wages. They can calculate your lost income and put you in a great position to secure damages for it.
Pain and Suffering
A wrongful arrest or imprisonment is emotionally taxing. In addition, it can damage your reputation, making it difficult to maintain positive relationships with family members and friends and land the job you want. Your lawyer will consider your pain and suffering carefully as they add up your damages.
To collect these and other damages, gather proof to strengthen your argument. Your lawyer can use witness statements, police records, and other evidence in your lawsuit. If you have an abundance of evidence, it may be clear to the court why you should be awarded damages.
Get the Legal Help You Need to Sue for a Wrongful Arrest or Imprisonment
Changing the past is not an option for those who have been wrongfully arrested or imprisoned for driving under the influence. Alternatively, you can sue any parties responsible. To find out if this is an option for you, consult with a DUI attorney.
A Los Angeles DUI lawyer understands the legal challenges associated with wrongful arrest and imprisonment cases. They support you and protect your rights throughout the legal process, helping you prove you deserve damages. Schedule a consultation with an attorney.
