Law enforcement officers are not infallible machines – they can and
often do make mistakes. While officers are trained in alcohol and drug
recognition, personal discretion plays a large role in situations where
motorists are stopped and evaluated under suspicion of driving under the
Nevada and states throughout the country enforce DUI laws that explicitly
set the blood alcohol concentration (BAC) limit at .08%. Although this
is the case, it is not always the rule. For example, officers can still
arrest motorists under suspicion of DUI if:
- They believe the driver is reasonably impaired by alcohol to the point
where they present a danger to others on the road.
- They believe a driver to be under the influence of a controlled substance
or prescription medication.
In these two cases, officers can base the entirety of an arrest on their
discretion. While this is certainly designed this way to keep the public
safe, it also opens the door to officers being wrong and basing an arrest,
potentially harmful experiences, and real costs on incorrect data.
There are a number of situations – including weather – and
a number of medical conditions that could lead officers into arresting
innocent people for
DUI. This is often because the symptoms of these conditions may mimic intoxication
Examples of the medical conditions include:
- Brain Injuries
As with any
criminal case, arrested individuals have the right to present their side of the story
and the facts that support it. Should you have a legitimate medical condition
an officer misinterpreted in order to make an arrest, you have the right
to present this to the court. It is important to note, however, that although
you have the right to seize this opportunity, it is not guaranteed justice
will be carried out – especially if you attempt to resolve the situation
To learn more about your rights after a DUI arrest or to discuss your case
one-on-one with a Reno DUI attorney from Joey Gilbert Law,
contact us for a free consultation.