Providing Comprehensive, Hands-On Legal Help When You Need It

Uptick in arrests of sober drivers

If you drink and drive, there is an inherent risk of getting arrested for driving while intoxicated (DWI). But some drivers in another state appear to be the target of overzealous law enforcement targeting impaired drivers.

Read on to learn how police can get it really wrong when screening motorists for drunken driving.

Medical issues make roadside sobriety tests difficult

Elderly or disabled drivers typically cannot walk 10 heel-to-toe steps without faltering or stand still on one foot for 30 seconds. Yet that is just what law enforcement officials ask of those detained on suspicion of drunk driving.

For one driver in another state who was stopped by police for DWI, the arresting officer is caught on tape claiming that nobody leaving a pool hall hasn’t been drinking. However, that was the case of the 75-year-old with neuropathy whom the officer arrested, in part because of him failing roadside sobriety tests due to his medical condition.

Your daily meds may not be incapacitating

Alternatively, Delaware drivers who suffer with chronic pain may also be long-term users of opioid drugs. But these daily medications don’t make them “high” in the typical sense because their bodies are used to the dosage. 

If the officer conducting the traffic stop sees a prescription bottle of pain meds in the console, they may wrongly assume impairment and arrest the driver.

Counteracting the impairment narrative

If you were arrested and were sober, you may have an acquittable case. A multifaceted defense could include elements like physician testimony, facts about maintenance doses of opioids and other relevant information that refutes the state’s case against you.