You can't really sue an officer for making a mistake in the ordinary course of their work. You can try of course, but generally the police have immunity for these kinds of things. If you were seriously hurt or killed a suit could be brought, or if actual malice could be shown (way above incompetence).
If you were locked up overnight but never charged with a crime, it's unfortunate but not anything that will get you money. I am sorry you had to endure that, as those kinds of experiences put the whole system in a bad light but if the matter is finished I think your best bet is to move on.
If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes.
The other attorney is correct. It is very difficult to bring a lawsuit against law enforcement due to their immunity status. Cases where law enforcement have clearly abused their discretion are cases like Rodney King. Police brutality.
Once you tested all .000 on the PBT and breath test machine at the jail you should have been afforded an opportunity to have a blood test. You should speak with a lawyer in your jurisdiction because there very well may be such an opportunity for you to have requested such a test an hour within your arrest.
In Washington a driver is are required to take a blood test in the following situations: (1) where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample; (2) where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or (3) where the officer has reasonable grounds to believe that the person is under the influence of a drug. If a person refuses to take a blood test under these circumstances the fact that they refused can be used against them in court.
Urine samples are not an option in Washington.
Blood can be drawn without consent (1) If the individual is unconscious or (2) if the individual is under arrest for the crime of an alcohol or drug-related vehicular homicide or vehicular assault, or (3) if the individual is under arrest for DUI, which arrest results from an accident in which there has been serious bodily injury to another person.
The officer also always has the option of asking a judge to issue a warrant to obtain a blood sample.
If you voluntarily take a breath or blood test, you also have the right to request your own independent blood test.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
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