Arrested For DUI With A .000 BAC, Michigan Man Sues

Our Chicago DUI Lawyers have always maintained that the courts should not put much faith in the standardized field sobriety tests that are so often used to convict people of drunk driving. THe following case out of Michigan illustrates exactly why we feel that way.

Michigan: Man With 0.00 BAC Sues Over DUI Charge

US Court of Appeals allows sober motorist could sue over being arrested for drunk driving.

Judge Gilbert S Merritt JrMotorist Paul Miller filed a federal lawsuit against Sanilac County, Michigan sheriff’s department after he was accused of driving under the influence of alcohol (DUI) despite being completely sober. The US Court of Appeals for the Sixth Circuit earlier this month ruled that his case should be tried by a jury.

On February 19, 2006, Miller had been driving home from a demolition derby at around midnight on a cold, icy evening. Miller drove through a stop sign, unable to stop because of the slick road conditions, as Deputy Sheriff Jim Wagester watched. Wagester pulled Miller over claiming that he had been driving 60 MPH without a seatbelt, that he failed to immediately pull over, that his eyes were “glassy” and that he “detect[ed] a slight odor of alcohol coming from [Miller's] breath.” Miller said that Wagester fabricated the charges.

After learning that Miller had been arrested once before for DUI, Wagester administered five standard field sobriety tests in the freezing weather, insisting that Miller failed four of them. Miller refused a breathalyzer test, saying he only trusted the accuracy of blood tests. Wagester responded by slamming Miller against his patrol car, handcuffing him and driving him to a hospital for the blood test. Wagester charged miller with: failure to use a seatbelt, no proof of registration, no proof of insurance, reckless driving, refusal to submit to a breath test, minor in possession, and 0.02 percent blood-alcohol-no-tolerance-law violation.

The lab eventually reported that Miller’s blood alcohol concentration (BAC) was 0.00 and that he tested negative for narcotics. Although police dropped the charges, Miller sued for excessive force, false arrest and malicious prosecution.

More proof that standardized field sobriety tests are worthless. Another example why it is so important to have a experienced Chicago DUI Lawyer when arrested for DUI.