Legal Question in DUI Law in Virginia

False arrest, False charge of DUI

I was recently arrested in front of my home, for ''DUI'', despite not having had anything to drink. I repeatedly told the arresting office I hadn't been drinking.

After being asked to take 4 different field sobriety tests, I was then taken into custody and put in a jail cell while I awaited the alcohol breath test. Subsequent results of that test were 0.00.

But instead of releasing me with an apology, the officer then took me, handcuffed, to a local hospital where I was forced to give a blood sample. A different officer said he found a 'green leafy substance' in my car, after searching it (in my driveway) with no one else present. I did not consent to his search, and when my court date arrived, somehow, this 'evidence' never turned up.

Both charges were dismissed, but I had to pay a considerable fee to my attorney, not to mention the stigma attached when I had to inform my employers of this arrest.

Do I now have any recourse to sue the local police for false imprisonment, false arrest, etc.?


Asked on 2/15/08, 7:06 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: False arrest, False charge of DUI

No, unfortunately, unless you could prove that the police actually planted evidence in your vehicle and may also have engaged in other illegal conduct, I doubt that you could prevail on these claims.

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Answered on 2/15/08, 9:04 pm


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