Sober Drivers Getting Falsely Arrested for DUI

There has been an increase in the numbers of sober drivers being falsely charged with driving under the influence across the United States. Despite laws that establish a blood alcohol content for intoxication at .08%, law enforcement agencies in several states, Ohio in particular, have adopted a zero tolerance position on alcohol. Both Maryland and the District of Columbia have criminal drunk driving penalties for motorists with a BAC under the legal limit. Drunk driving is a serious issue though the effort to make the streets safer has lead to many innocent drivers being caught up in a legal nightmare.

A man from Corvallis, Oregon is one such case. Brian Noakes was charged with suspicion of Oregon DUII after a traffic stop for having bloodshot eyes. He explained that he had a cold though the police officer was convinced that he was driving under the influence. While being arrested, Noakes wife asked what was happening and police threatened to Taser her. A breath test showed that Noakes had no alcohol in his system and a urine test came back negative for drugs. The district attorney declined to prosecute the case though Noakes will continue to have a permanent arrest record for drunk driving.

Washington, like several other states, does not allow arrests for traffic offenses, including driving under the influence, to be removed or expunged from a person

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