Can You Sue the Police Department for Not Arresting a Drunk Driver After an Accident?

After an accident involving a driver who admits to drinking and driving, a common question arises: can you sue the police department for not arresting the suspect?

Why There May Not Be an Immediate Arrest

Accident investigations often involve the reading of Miranda rights during criminal investigations, which are crucial in protecting the rights of the accused. However, during the initial investigation of an accident, Miranda rights are not typically read, and there is a specific law in some states called accident privilege. This law ensures that a driver can provide information about the accident without fear of immediate arrest.

For instance, in Florida, accident privilege allows a driver to explain what happened, including admitting to drinking, without the threat of arrest. However, once the accident investigation is complete, the officer may change their role from a traffic investigator to a criminal investigator. At this point, any previous statements made during the accident investigation may be disregarded as probable cause, as only new evidence can support an arrest.

Miranda Rights and Criminal Investigations

When the investigation shifts from the accident to criminal charges, such as DUI (Driving Under the Influence), the officer must read the suspect their Miranda rights, ensuring that they understand their right to remain silent and their right to an attorney. If the officer has no additional probable cause after the accident investigation (such as field sobriety tests or blood tests), they cannot arrest the driver solely based on their initial admissions.

During a serious injury or fatal crash, it is common for investigators to work in teams, with one officer completing the accident investigation and another handling the criminal interview. This helps ensure thorough and unbiased reporting, as the driver's initial statements are not immediately used as evidence for criminal charges.

Legal Considerations and Attorneys

Given the complexities of these situations, it is important to consult an attorney who is familiar with the laws in your jurisdiction and the specific circumstances of your case. Each state may have different legal requirements and procedures, and only a professional can provide tailored advice.

What If the Driver Admits to Drinking with No Visible Symptoms?

Frequently, drivers who admit to drinking may show no visible signs of intoxication. While it is true that it is illegal to drive under the influence, it is legal to drink and then drive if you are not visibly intoxicated. Therefore, even if a driver admits to having a drink but shows no symptoms, it may not be sufficient evidence for an arrest without additional evidence.

Can You Sue the Police Department?

While anyone can sue in modern times, the likelihood of success in such a case is extremely low. The decision not to arrest a driver is often based on the intricate details of the law and the evidence available. Unless there are clear indications of negligence or malpractice by the police, it is unlikely that a lawsuit will be successful.

To summarize, understanding the legal nuances of an accident involving a drunk driver is crucial, and consulting a legal professional is recommended. Additionally, the multiple layers of questioning and the procedural steps taken by law enforcement ensure fairness and justice in most cases.