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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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got arrested for dui last night in bartow county GA. cop was

Customer Question

got arrested for dui last night in bartow county GA. cop was under the impression i was impaired from taking drugs after taking a field test. which i dont use drugs but was arrested and taken to the hospital and had blood drawn for test. when it comes back negative will charges get droped and can i sue the county?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 12 months ago.
Welcome to JustAnswer.

Why did the officer think that you were impaired?
Customer: replied 12 months ago.

he was saying based on the field test that he thought i was impaired by some kind of drug

Expert:  Legal-Guru replied 12 months ago.
Do you have any idea why he would think that or why he gave you field sobriety tests to begin with?
Customer: replied 12 months ago.

im guessing because he pulled my ncic and saw i was arrested before for dui. I was tired and exhausted from working 11 hours in the sun.

Expert:  Legal-Guru replied 12 months ago.
Alright, so perhaps you exhibited some signs of exhaustion that could be similar to signs of intoxication. To answer your question:

(1) Once the blood test comes back negative the charges should be dropped.

(2) You can sue, but a lawsuit is unlikely to be successful. You don't win a civil lawsuit for wrongful arrest simply because you are ultimately cleared of wrongdoing. As long as the officer had probable cause to make an arrest he has no liability. The probable cause he would assert are the signs you were exhibiting from exhaustion and your prior record. To win a wrongful arrest lawsuit you basically have to prove not that you were innocent but that the officer lacked any grounds to arrest you. Here he had some grounds even though you weren't actually intoxicated.

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