How can I prove that I got a DUI because of a racist cop? 7 Answers as of July 27, 2015I was driving fine at night last week, and I got pulled over. The cop did not tell me why he pulled me over but he asked me to get out of the car and had me take sobriety tests which I performed fine except for the one where you stand on one leg. I cannot do that even while completely sober. Then he breathalyzed me. I had had a few drinks earlier in the night and my BAC was 0.07 and he still took me down to the station and breathalyzed me again. That one was 0.067. But he still charged me with a DUI! I think it was because I am African-American. How do I prove that he pulled me over and charged me based on race?
The Law Offices of Harold L. Wallin | Harold L. Wallin
To prove that, you would have to have some evidence indicating a racial bias. Just because you were arrested does not mean the officer was being racist. I have represented three white clients in the past six months who were charged with DUI with BACs under 0.08, it is not just you. Under the law, you can be convicted of a DUI regardless of your BAC, so long as you consumed any amount of alcohol that impaired your ability to safely operate a motor vehicle.
Answer Applies to: Illinois
Freeborn Law Offices, P.S. | Steve Freeborn
I would need to see the police reports. People have the misconception that if their BAC is less than .08 (assuming you are over 21), they can't be charged with DUI. The DUI statute states.... "having a BAC of .08 or greater, OR driving that is affected to an appreciable degree by the consumption of alcohol and or drugs. In other words, you can still be charged with DUI even with a BAC of .067. You should retain an attorney to assist you with this matter. One thing you might inquire is whether or not there was a dash cam recording the stop. A lot of police cars are now equipped with these.
Answer Applies to: Washington
Best DUI Lawyer | Aniko Hoover
We do pitchess motions all the time that's where the COPS record of complaints is allowed to be introduced to the court to show that the cop is not credible. Also a motion to suppress could get your case dismissed - there has to be probable cause to pull you over otherwise they will have to dismiss your case because once the evidence is suppressed there is no evidence against you.
Answer Applies to: California
Nichols Law Firm | Michael J. Nichols
It's very hard to prove the motivation even if it is true. Win the case - that's your best revenge. Depending on the facts and circumstances of the stop and arrest, you might have legal remedies but only If you win the case with a trial or it is dismissed. Every case is case specific and fact-by-fact and case by case!
Answer Applies to: Michigan
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: retain an experienced defense lawyer. Proving discrimination in an incident like this is very hard, and judges and juries will be unsympathetic. This is because giving you a ticket for DUI (=OWI) does not require any particular blood alcohol content. While driving with a BAC above a certain percentage is an offense, so is driving while impaired due to consumption of alcohol or a controlled substance that is OWI. So on these facts, you might lose in any case. It depends in large part on what appears in the Discovery which your lawyer will obtain. The key question will be whether the office had reasonable suspicion to stop you and investigate further. Find a skilled lawyer. Good Luck.
Answer Applies to: Wisconsin