False Arrest For Dui In Houston
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A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law. False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense.
A false DUI (Driving Under the Influence) refers to an individual being wrongly accused or charged with a DUI offense, despite not being under the influence of drugs or alcohol while driving. These types of arrests and charges are more common than you may think, and they can happen for many reasons.
Is My Driver's License Suspended Immediately After a DWI Arrest in Texas? You won't actually lose your driving privileges for about 40 days. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.
Texas law clearly states that an unlawful arrest or search is not grounds for defense when facing charges of resisting arrest. Basically, this means even if the arrest or search turns out to be unlawful, you still can't resist the arrest as it happens.
If you're convicted of a first-time DWI in Texas, you can spend anywhere from 3-180 days in jail. In addition, you can incur up to a $2,000 fine and have your license suspended for up to a year. A good DUI defense attorney will fight for you and lessen your chances of receiving severe punishment.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.
If you are arrested for DUI but know that you were not drinking, it's essential to stay calm and cooperate with law enforcement. Request an attorney and do not say anything that could potentially incriminate yourself. It's also crucial to gather as much evidence as possible to prove your innocence.
Other Charges for Countersuing After a DUI Arrest You may be able to pursue a civil suit tied to a bad-faith arrest if you were set up for a DUI arrest in California. Civil cases can allow you to seek compensation for your losses, including the funds you spend defending yourself from false charges in court.
How much compensation can I expect for a wrongful arrest lawsuit? Expect compensation for a wrongful arrest lawsuit to vary significantly, typically ranging from under $10,000 for brief detentions to over $1,000,000 for more severe cases.
