Woman sues Police for false DUI arrest after 3 negative DUI tests for alcohol and Drugs

Wednesday, 09 July 2008

On July 8, 2008, Paulette Bourke sued the City of Gulf Port, Florida and Officer Joshua Stone for arresting her for DUI.  Ms. Bourke had been at a restaurant with her sister where she had two sips from a glass of wine.  She was pulled over by Gulf Port Police for driving under the speed limit, making a wide turn, and driving too close to the curb.  The Officer reportedly smelled alcohol and ordered her out of her car to perform  DUI field sobriety evaluations.  The Officer would not let her wear her eyeglasses which she reported made her very nervous and uncomfortable as she could not see.  The Officer alleged that she failed the field sobriety evaluations.  She was arrested for DUI.  She was handcuffed and transported to the police station where she gave two breath samples on a DUI breath testing machine which registered 0.00.  She was then compelled to submit to a urine test which indicated negative for drug use.  She was arrested for DUI.   The case was later dismissed by prosecutors for a lack of evidence.  Ms. Bourke is seeking compensatory and punitive damages as well as attorney's fees against both the arresting officer and the city.   These situations are not unique to Florida.  Field Sobriety evaluations are standardized nationally and Georgia DUI Police and Metro Atlanta DUI Police make false arrest based on field sobriety evaluations with accuracy ratings from 66% to 77%.   This translates into 1 in 4 false arrests.  We have encounted many clients who were arrested for DUI and tested 0.00 or well under the legal limit.  Don't be fooled by "over the limit, under arrest" slogans.  It is a war on social drinking.

 

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