Many drivers are unsure about their legal options if they are found not guilty of driving under the influence (DUI). In cases involving a wrongful arrest, you may want to take legal steps to clear your name and get back the money you spent to build a defense.
So, can you countersue if you are found not guilty after a DUI arrest in California? Review your legal options for handling a false DUI arrest with the Simmrin Law Group. Get help during and after a DUI trial by calling us at (310) 896-2723.
Suing for False Arrest After a DUI Case in California
Legally, you may be able to sue a police department for false arrest after some DUI cases in California. If you were arrested without cause, or by a police officer who knew you were not intoxicated, you could be able to pursue a false arrest lawsuit.
However, you should be aware that the court system is often very lenient on law enforcement officers. Every false arrest for a DUI will not be considered unlawful. As long as the officer believed they were acting correctly when you were arrested, they are unlikely to be convicted, even if you were later proven innocent.
You can discuss the viability of a false arrest case by speaking with a legal professional in Los Angeles now. Call (310) 896-2723 to discuss your situation with the team at the Simmrin Law Group.
For a free legal consultation, call (310) 896-2723
Factors Leading to False DUI Arrest in California
Let’s review situations that can lead to unlawful false arrests in California. Drivers may be unlawfully arrested if they are stopped without probable cause. Individuals in California should only be arrested if a police officer:
- Saw them commit a crime
- Has evidence that they committed a crime
You may also face an unlawful arrest if a police officer does not respect all of your legal rights during a DUI stop. For example, officers are legally required to:
- Tell you if you are legally required to complete a blood alcohol content (BAC) test
- Offer you the chance to choose a breath test or a blood test for BAC measurement
- Inform you of your Miranda Rights after arresting you and before questioning you
Failure to respect your rights could lead to an unlawful arrest. In this situation, you could countersue the police department after winning your DUI case.
Other Charges for Countersuing After a DUI Arrest
In rare circumstances, you may be set up for a DUI arrest by someone in your life. Targeting another driver for a DUI arrest would not be easy to accomplish, so this is not a legal situation that occurs often. However, if you believe this occurred, you can speak to a DUI lawyer about countersuing the responsible individuals.
You may be able to pursue a civil suit tied to a bad-faith arrest if you were set up for a DUI arrest in California. Civil cases can allow you to seek compensation for your losses, including the funds you spend defending yourself from false charges in court.
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Handling Improper DUI Charges in California
You may be able to legally handle an improper DUI accusation in California. Before you file charges for a false arrest, it is important that you resolve the DUI charges you’re facing. You can get the assistance you need by working with a DUI lawyer in Los Angeles.
Your lawyer can investigate your case, the evidence against you, and the actions of law enforcement officers to find out if your rights were respected. The team at the Simmrin Law Group can also advise you on the best way to handle a DUI charge. Depending upon your situation, a lawyer may work to:
- Get your charges dismissed
- Win your case in court
- Secure you a fair plea bargain
Note that accepting a plea bargain counts as pleading guilty to a crime in California. This means that you will be unlikely to win a countersuit case if you accept a plea bargain in a DUI case.
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Get Legal Help if You Counter-sue After a DUI Case
You can countersue if you are found not guilty after a DUI case in some situations. However, it can be very difficult to win a case against police departments in California. Learn more about your legal options in this situation by contacting the Simmrin Law Group. Fill out our online contact form or call (310) 896-2723 to get started.
Our DUI lawyers in Los Angeles are ready to provide you with a FREE consultation today.