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got arrested for dui last night in bartow county GA. cop was

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under the impression i was...
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: 4 years ago.Category: Criminal Law
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8/1/2013
Criminal Lawyer: Legal-Guru, Criminal Justice Lawyer replied 4 years ago
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Why did the officer think that you were impaired?
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Customer reply replied 4 years ago

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

Criminal Lawyer: Legal-Guru, Criminal Justice Lawyer replied 4 years ago
Do you have any idea why he would think that or why he gave you field sobriety tests to begin with?
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Customer reply replied 4 years 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.

Criminal Lawyer: Legal-Guru, Criminal Justice Lawyer replied 4 years 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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