When it comes to criminal justice, the quote, “Innocent until proven guilty,” is popular for a reason although not always practiced. In fact, it so happens that sometimes, police overreach their authority or make honest mistakes and charge sober people with DUIs. Sometimes, there is a DUI law that you never knew existed.
Here is a glance at some top ways that someone sober can get charged.
DUI by consent
Suppose you are sober, but the person driving your car is not. You could face a charge of DUI by consent in Tennessee. Much of the time, the person charged is in the car when this happens, but this does not necessarily need to be the case. For example, suppose you lent your car to your son so he could get a job that required him to have a car, and later, law enforcement pulls him over for DUI. It’s possible you could end up with a DUI by consent charge. Such charges can be more likely to happen when the person driving your car is on a second, third or fourth DUI offense.
Some so-called symptoms of alcohol impairment such as bloodshot eyes, not being able to stay still and being jittery could cause a police officer to charge you with DUI. In such cases, a blood test may clear things up but not always.
Reportedly, a man in Arizona was on his way home when a police officer pulled him over for crossing a white line. The man says he was coming from a late night swim at a fitness center pool. The officer cited the man’s bloodshot eyes as evidence he had been drinking. Authorities later dropped his charge, but the man claims he still suffered having to endure a difficult experience and possible racial profiling.
Some police officers are undertrained on how to give field sobriety tests or simply cannot do them well. False results can happen, even with breath tests, especially if you are hypoglycemic or have been dieting or fasting.