Legally Reviewed by Shazam Kianpour on August 25, 2026
A class action lawsuit has been filed in another western state concerning individuals that claim to have been falsely accused of drinking while driving. Though the state patrol officer in question has since been fired, it is believed that hundreds of individuals were wrongfully accused of DUI.
A number of individuals allege that they pled guilty because they could not afford to defend themselves in court. Some guilty pleas have led to vehicles being forfeited, and many others have likely lost their jobs.
One individual was jailed for a short time until a test revealed his blood alcohol level as being zero. It is believed that she arrested a number of individuals for alleged marijuana impairment as well when there was no evidence of drugs being in these individuals’ systems.
The arresting officer was at one time named the state trooper of the year in her jurisdiction. It is believed that the award was given to her based on the high number of DUI arrests she participated in as the arresting officer. While it is possible that many of the arrests did stand up in court, it appears that many of the cases involving this state trooper will now be dismissed.
Though this trooper is hopefully not an example of other state troopers upon the road, this matter does demonstrate the amount of control that arresting officers can have concerning drinking related offenses. It is for this reason that experienced criminal defense attorneys are needed to contest any sorts of evidence that is not reliable or relevant.
Source: Fox31 Denver, “Lawsuit claims Utah police officer made falsified DUI arrests,” by Brittany Green-Miner, Jan. 3, 2013
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How Officer Credibility Can Affect a DUI Case
An officer’s report and testimony are typically central to how a DUI case is built, since the arresting officer’s observations often form the basis for the stop, the arrest, and the request for testing. When an officer’s credibility, training records, or arrest history come into question, whether through a lawsuit, an internal review, or a pattern raised in other cases, that information can become relevant to how a specific arrest is evaluated in court.
Common Grounds to Challenge a DUI Arrest
A DUI defense can look at several stages of the process for problems, including whether the initial stop was legally justified, whether field sobriety tests were administered and scored correctly, whether the chemical testing equipment was properly calibrated and maintained, and whether the paperwork documenting each of these steps is complete and consistent. Any gap or inconsistency at one of these stages can become a meaningful point of challenge.
What to Do If You Believe Your DUI Arrest Was Not Valid
Anyone who believes their DUI stop or arrest did not follow proper procedure should request copies of the police report, any available body or dash camera footage, and calibration and maintenance records for the testing equipment used. These records are often the foundation for a motion to challenge the stop, the testing, or the arrest itself, and they are easiest to obtain before retention periods expire.
Frequently Asked Questions About Challenging a DUI Arrest
Can a DUI charge be challenged based on how the arresting officer conducted the stop?
Yes. Whether the initial stop was legally justified, and whether the officer followed proper procedure throughout the arrest, are both areas a defense attorney typically reviews closely.
Does a breath or blood test always prove impairment?
Not necessarily. Testing equipment must be properly calibrated and maintained, and results can be challenged if there are gaps in maintenance records, chain of custody issues, or errors in how a sample was collected or processed.
What records should I request if I think my DUI arrest was not handled properly?
The police report, any available body or dash camera footage, and calibration and maintenance records for the breath or blood testing equipment used are typically the starting point, and requesting them early can matter since some records are only retained for a limited time.
Can field sobriety test results be challenged in court?
Yes. Field sobriety tests must be administered and scored according to specific standardized procedures, and deviations from those procedures can affect how much weight the results carry in court.
If an officer’s conduct is later called into question, does that automatically dismiss a DUI case?
Not automatically. It can become a relevant factor that a defense attorney raises, but every case is still evaluated on its own specific facts and evidence.
Shazam Kianpour and his legal team review every aspect of how a DUI stop, arrest, and testing process were handled, including the officer’s report and any evidence bearing on how the case was built. We do not take the state’s version of events at face value.
If you have questions about how your DUI arrest was conducted, learn more about our Denver criminal defense practice or contact our office to discuss your case.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across Colorado, including DUI defense. He previously served as a Colorado State Public Defender and is a member of the Colorado Bar Association and the Colorado Criminal Defense Bar.
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Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.