Q: Can I sue if I was arrested on bogus charges of dui. Never did a breath test ,I wasnt in the van , it was shut off .

A: Thank you for sharing your situation. Legal challenges like these can be deeply distressing, and navigating them alone can feel overwhelming. Here’s an overview of potential legal claims and why consulting an attorney can make a substantial difference in your case.

Potential Legal Claims

Wrongful Arrest: If there was no evidence of impairment, and you were not in the vehicle, this could support a wrongful arrest claim. In most cases, officers need to observe probable cause, such as erratic driving or failure of a sobriety test, before making an arrest for DUI. An attorney can help review body cam footage, police records, and other evidence to establish if your rights were violated.

Due Process Violations: Restricted access to communication, especially when it affects essential matters (like arranging care for pets), could raise issues under due process. Confinement in isolation before conviction may also be scrutinized, especially if it limited your ability to access counsel or contact family.

Loss of Pets and Mishandling by Animal Control: Animal control agencies often have specific protocols for handling pets, especially those with chips, and generally must hold them for a defined period before considering euthanasia. Quick euthanization without verifying claims of aggression or allowing retrieval by family may constitute negligence or procedural violation, making a case for emotional distress or wrongful handling.

Emotional Distress and Mental Anguish: If you can demonstrate that actions taken by the authorities or animal control were particularly extreme or reckless, you might have a claim for intentional infliction of emotional distress (IIED). This type of claim usually requires showing that their behavior was more than just negligent but was outrageously insensitive or malicious.

Suggested Actions

Gather Documentation: Collect any records related to your arrest, confinement, and interactions with animal control. Evidence from witnesses, such as your brother’s attempts to retrieve your pets, can also be valuable.

File Formal Complaints: Consider submitting complaints with the police department’s internal affairs unit, as well as any animal control or city oversight boards. This can create an official record and possibly prompt an internal review.

Engage with a Civil Rights or Personal Injury Attorney: These attorneys specialize in cases involving civil rights violations, wrongful arrests, and emotional distress. They can review evidence, identify potential procedural failures, and help navigate the legal process. Many attorneys in these areas work on a contingency basis, so you might not need to pay upfront.

Seek Emotional and Mental Health Support: Experiences like this can be traumatic. Mental health support, whether from a counselor or support group, can provide valuable coping tools and may also substantiate your emotional distress claim.

Why Legal Guidance is Crucial

Handling a case like this requires specific legal knowledge and resources, especially when dealing with law enforcement and government agencies. A skilled attorney can provide the insight and representation needed to navigate these complexities, secure potential compensation, and help prevent similar issues in the future.

In summary, with potential claims for wrongful arrest, emotional distress, and procedural violations, consulting with a qualified attorney can be a key step toward justice and compensation.