QUESTION

Has he violated your 4th amendment rights by seizing you even if you didn’t fail the sobriety test?

Asked on Oct 03rd, 2013 on DUI/DWI - Wisconsin
More details to this question:
I was arrested for DUI and later at the station, the officer tells that you didn’t fail the sobriety test but "could tell you had something to drink". Does this case have the potential for a civil suit? From my understanding after the first three tests of the pen test with your eyes, the walking test and balancing on one foot, he needs reasonable suspicion to administer the breathalyzer and then place you under arrest.
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6 ANSWERS

Michael J. Breczinski
You do have a point, since it is not having had something to drink that is the crux of the crime but being under the influence.
Answered on Oct 07th, 2013 at 4:28 AM

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You may have a cause of action under 42 USC 1983.
Answered on Oct 07th, 2013 at 4:10 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes and no. He doesn't need to have formed a suspicion to use the PAS. They say that's one of the tools to determine intoxication, but if you passed all tests he doesn't have probable cause to arrest you.
Answered on Oct 07th, 2013 at 3:08 AM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Whether you failed the FSTs or not is a matter of perspective (FYI nobody ever passes, because they are designed for you to fail).
Answered on Oct 04th, 2013 at 12:45 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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The officer needs probable cause to place you under arrest for DUI. While the field sobriety tests can give them probable cause, you can still be placed under arrest if the officer can point to other factors giving probable cause. For example, a strong odor of alcohol, admitting to drinking, slurred speech. This is where you need an experienced DUI attorney to carefully review the stop and administering the field sobriety test, to determine if the officer had probable cause. There may be issues with the calibration or maintenance of the breath test that could get the charges reduced or dismissed.
Answered on Oct 04th, 2013 at 9:29 AM

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Probable cause determinations are made on the totality of the circumstances, which cannot be gleaned from a four sentence post. Even if a court determines there was no probable cause for the arrest, police have good faith immunity from civil suit. If a court finds probable cause for the arrest, you will not have a civil suit even if you are not convicted. You should be seeking counsel to defend the drunk driving case first, and worry about?the unlikely possibility of a civil suit later.
Answered on Oct 04th, 2013 at 9:25 AM

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