DUI False Arrests in Greeley and Weld County

A man was the victim of a false arrest after a police officer thought he was drunk or high.

It’s no secret that the Greeley Police, Weld County Sheriffs, and Colorado State Troopers are constantly on the lookout for drunk or high drivers. There has been a major push throughout the state to cut down on driving impaired or under the influence. Even CDOT has gotten in on the action posting their, “Drive High, Get a DUI” campaign on road signs across Colorado. But, is the push making some law enforcement take things too far? One Denver gentlemen would argue this is the case after the debacle he experienced. After working over 17 hours, he was pulled over on his drive home. He admitted to being tired, but was driving safely, even going 40 in a 55 mph zone. The Colorado State Trooper who pulled him over told the gentleman he believed he was drunk and asked him to perform roadsides. After reporting the driver to be off balance and unable to stand on one leg, the Trooper requested him to blow into a breathalyzer. What do you know, the reading came back at .000. No alcohol in his system. This should be where the story ends, but no, the Trooper decided to arrest him for DUID, thinking he was high on drugs.

False Arrests in Weld County

The driver didn’t resist this arrest and was taken to the emergency room, where they did blood screening exams and sobriety tests. He was then transported to Weld County Jail to see a Drug Recognition Expert, who is specially trained to identify people under the influence of drugs. Five hours after being pulled over, the man was finally released, being safe to drive himself home and without any charges being filed. What makes the whole situation even worse? The driver received a medical bill for over $1,000 for some of the tests, screenings, and evaluations he received that night. He should give the bill to the Colorado State Patrol.

Have you been charged with DUI or DWAI? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!

DUI and Driving High | What Does the Law Say in Greeley?

Driving Under the Influence – C.R.S. 42-4-1301 – is defined by Colorado law as:

It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.

Knowing that there is a need for verification during traffic stops in Greeley, Erie, and Evans, police have a myriad of tools to decide if someone has been drinking and driving. The one they rely on the most is the Intoxilizer 9000 breathalyzer test. The problem is, there is no such test for someone suspected of being under the influence of drugs. The only verification is a blood test, which can take two weeks to get back. This means the seriously unreliable roadside tests are all an officer has to determine whether someone is Driving Under the Influence of Drugs in Weld, Morgan, and Logan County. These unreliable tests, lead to false arrests, as we’ve just read.

If you or someone you love is a victim of a false arrest for DUI or DWAI in Greeley, be smart, exercise your right to remain silent and contact the best DUI / DWAI criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.

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