Columbus OVI/DUI Attorney Blog
According to the Iowa Capital Dispatch, a federal jury awarded more than $100,000 to a man who was wrongfully arrested for DUI (called ‘OVI’ in Ohio). The officers initially investigated alcohol impairment, switched to investigating drug impairment, and finally concluded (hours after the arrest) there was no impairment. What could have led to the wrongful DUI arrest?
Officers Investigate Alcohol Impairment
Officers in Newton, Iowa stopped a college student because he failed to dim his bright lights for oncoming traffic. The student, Tayvin Galanakis, explained to the officers he was driving with his high beams on because one of his headlights was not working. The officers asked Galanakis how much he had to drink, and Galanakis repeatedly said he had nothing to drink.
The officers told Galanakis they suspected he had been drinking due fumbling with his registration and the odor of alcohol coming from his person. The officers then administered field sobriety tests, which can be seen on one officer’s body-worn camera video. Galanakis took a breath test, and the test result showed a breath alcohol concentration of 0.00.
Investigation Switches to Marijuana Impairment
The officers then issued Miranda warnings and asked Galanakis when he last smoked weed. Galanakis said he didn’t remember, and it wasn’t that night. The officer said Galanakis’s performance on the field sobriety tests was poor. The officer arrested Galanakis and took him to a police station.
Conclusion is No Impairment
At the station, another officer administered a Drug Recognition Evaluation, and Galanakis submitted a urine sample. The officer who conducted the Drug Recognition Evaluation concluded Galanakis was not under the influence of drugs. Galanakis was released and not charged.
Lawsuit Filed & Video Posted
Galanakis filed a lawsuit against the police officers and the city of Newton. He also posted on YouTube an edited video from the body-worn camera of one of the officers. The video has more than two million views. The officers filed a counterclaim against Galanakis for defamation. The case was heard by a jury in federal court, and the jury awarded Galanakis $105,000. The officers’ counterclaim was dismissed.
For the jury to render the verdict for Galanakis, the jury must have found: the officers, acting ‘under the color of law’, violated a clearly established federal right. In this case, the applicable right would be the Fourth Amendment right to be free from unreasonable seizures. The jury must have also found the officers did not have qualified immunity, and Galanakis suffered harm as a result of his right being violated.
What Could Have Led to the Wrongful DUI Arrest?
It seems the officers prematurely jumped to the conclusion Galanakis was under the influence of alcohol. They only took into account observations consistent with the premature conclusion: fumbling with the registration and glassy/bloodshot eyes. They ignored the contradictory, and more significant, evidence of sobriety: no problems with physical coordination or mental processing.
The officers’ bigger mistake was arresting Galanakis after his breath test result was 0.00. The officers had essentially no evidence that Galanakis was under the influence of marijuana. They didn’t smell marijuana, they didn’t see marijuana, Galanakis said he didn’t use marijuana, and the field sobriety tests don’t work for marijuana intoxication.
Over-Aggressive DUI Enforcement
We want law enforcement officers to detect and arrest people who are driving under the influence of alcohol and/or drugs. We do not want officers to be so aggressive in their detection that they jump to conclusions, ignore evidence inconsistent with those conclusions, and arrest sober drivers.