People are wrongfully arrested for crimes every day in America, and many of those are wrongful arrests for DUI.
Most people want to believe that law enforcement only arrests suspects who are guilty, prosecutors only prosecute defendants who are guilty, and judges only put guilty people in jail, but that just isn’t the reality of criminal “justice” in South Carolina.
Many police officers make honest mistakes, while others are simply incompetent in a particular DUI investigation. Sometimes, police officers and prosecutors pursue an arrest or conviction for more nefarious reasons, motivated by anger, prejudice, or politics.
So, when you sit in my office and tell me, “I was wrongfully arrested for driving under the influence,” I do not make assumptions, and I do not assume you are lying.
We’ve done this job long enough to realize that wrongful arrest for DUI happens far too often in Horry County, SC.
Yes, People are Wrongfully Arrested for DUI
A FOX 17 News investigation in Tennessee found that 22 “sober DUI” lawsuits have been filed in Tennessee since 2024, and, since 2017, more than 600 people have been arrested for DUI when bloodwork later showed they had zero alcohol or drugs in their system.
That number – over 600 wrongful arrests for DUI – does not include people who were wrongfully arrested for driving under the influence with zero alcohol in their blood but who had lawful prescription drugs in their system or levels of THC that were non-intoxicating. It also does not include any DUI arrests where a blood test was not performed.
It’s not a Wrongful Arrest if there is Probable Cause
Based on these statistics, it’s likely that thousands of people are wrongfully arrested and charged with DUI in Tennessee each year (and South Carolina by inference). Why don’t they all sue?
It doesn’t matter if a person is actually innocent of the charges if the officer had probable cause to make the arrest. So, police officers are trained to carefully document their probable cause in every case with language like “bloodshot eyes,” “overwhelming odor of alcohol,” and details about how the driver “failed” the roadside field sobriety tests.
For example, one truck driver was arrested on his way to work one morning, and the arresting officer carefully documented probable cause even though the driver’s bloodwork ultimately showed zero alcohol or drugs:
The affidavit claims he crossed the center line, had red eyes, and responded slowly to questions. Deputies wrote that he showed signs of impairment on every field sobriety test.
Gray tells WSMV4 he agreed to the tests because he was afraid of losing his license and his livelihood.
He runs a trucking business and drives a dump truck for a living.
When deputies tell him he’s being arrested for DUI, the bodycam captures his stunned reaction:
“I don’t even drink or anything. This is crazy.”
Months later, Finley reports, TBI bloodwork confirmed what Gray had been saying from the start.
No alcohol.
No drugs.
Gray was sober on his way to work when he was handcuffed on the roadside and accused of being drunk.
So, when can you sue?
Can I Sue if I was Wrongfully Arrested for DUI?
You may be able to sue for wrongful arrest for DUI in SC, but it may be an uphill battle.
For example, you will need to prove that there was no probable cause for your arrest, regardless of whether you were actually innocent – in many cases, this means that you will need to prove to a judge and to the jury that the officer was lying about the probable cause they say they observed.
You will also need to prove that the officer is not entitled to “qualified immunity” for making the arrest.
You cannot sue for wrongful arrest for DUI if you:
- Admit guilt,
- Plead guilty to DUI,
- Plead guilty to any offense related to the incident, including a “reduced” charge like reckless driving, or
- Agree to a program like Pretrial Intervention (PTI), even if your record is expunged at the end of the program.
Section 1983 Actions and the State Tort Claims Act (STCA)
Because a lawsuit for wrongful arrest is a lawsuit against the government, you can only sue if the government permits you to sue…
You can sue for a wrongful arrest based on the government’s violation of your civil rights (your right to Due Process, freedom from unreasonable arrest, or other constitutional violations or violations of federal law) under 42 USC §1983, a federal cause of action, or you can sue in state court under the State Tort Claims Act, which limits the causes of actions and amount of damages you can recover.
Questions About Wrongful Arrest for DUI in SC?
If you have been charged with DUI, DUAC, or another DUI-related offense in Myrtle Beach, Conway, or anywhere in the Horry County area, you may have valid defenses to the charge, or there may be grounds to get your case dismissed. You may also have strict deadlines to request an administrative hearing if you have an implied consent suspension…
Contact Conway, SC, DUI Lawyer Johnny Gardner now at (843) 248-7135 for a free consultation to find out how we can help.
