I was struck by behind by another driver when I was stopped at a red light. The other driver was completely at fault for the accident. The police officer ended up arresting me for a DUI? Is that legal when I was not responsible for the accident at all?

Field Sobriety Test

YES, it is legal for the police officer to arrest you for a DUI even if you were not at fault in the auto collision. In some cases a person is driving while under the influence of alcohol and the officer only makes contact with him for a totally unrelated reason as in your case. If the officer questioned you about the accident and smelled alcohol on your breathe then he could ask you how much you had to drink. If you told him you had been drinking alcohol he can then give you a field sobriety test (meaning several tests such as walk a line, finger to nose, etc). If the officer feels you failed these tests he can ask you to blow into a breathe machine. If you do so and you blow more than the legal limit he can arrest you for a DUI. Sometimes it doesn’t seem fair that you can be driving fine and still get arrested for a DUI but the law permits it under the above circumstances.

However, remember being arrested does not mean you will be convicted. Whether you will be found guilty of a DUI will depend in part on what DUI defense firm you decide to hire. Feel free to call us toll free so we can answer your questions.