Recently, cases of police brutality have become more commonplace on the news, even during DUI arrests where it’s obvious the suspect is not in control of their actions. Many people want to know – can the Denver police legally hurt them or a loved one during a DUI arrest? The answer is a bit more complex than you may expect. Here’s what to know.
Yes, To An Extent
It’s not uncommon to get roughed up a little by the police during a drunk driving arrest. You may have bruises on your wrists from the handcuffs or you may be sore where you were in the hard backseat of the police cruiser. These are usually considered acceptable during the course of detaining a criminal suspect.
How Far Is Too Far?
Police are not allowed to seriously injure criminal suspects while making an arrest when no real threat of harm exists or should be reasonably suspected. For example, punching an intoxicated suspect who is already handcuffed on the ground is harder for the police to defend as a necessary amount of force.
When to Get Medical Care
Ideally, you should try to see a doctor as soon as possible after becoming a victim of police violence. This is also true in DUI cases where you may need fluids or medication to help with dehydration and vomiting. If you have to ask to see the jail nurse, you should. Even if you are not seen, getting it on record that you insisted on getting a medical evaluation is important. When you do, the police will have a more difficult time writing off your injuries as insignificant.
What Kind of Evidence Do You Need?
You need compelling proof that the police were violent, that they had no just cause, and that you suffered serious or critical injuries as a result. The most powerful evidence in cases of police brutality are videos that depict the incident if anyone who was there stopped to record. Written witness statements are also a powerful type of evidence you can use to help hold violent law enforcement accountable for their actions.
When to Contact a Denver Criminal Defense Attorney
Your future is on the line after a DUI arrest and if it was violent, you may be permanently injured and traumatized for a lifetime. Criminal defense & DUI lawyer Richard B. Huttner can provide you with comprehensive, zealous criminal defense representation and will help you pursue justice after being hurt by Denver, CO police. Contact our office today to book your free consultation or to get answers to your questions about criminal defense at 303-981-6336.
