- A Good Samaritan arrested for DUI later tested negative for alcohol and drugs.
- Fort Collins agreed to pay $500,000 to settle the federal civil rights lawsuit.
- The case renews debate over roadside testing and probable cause in DUI arrests.
There are few things more expensive than arresting a sober driver for DUI. Just ask the taxpayers of Fort Collins, Colorado, who are now on the hook for a $500,000 settlement after police arrested a man who had stopped to help at the scene of a motorcycle crash. It’s the latest in a growing list of high-profile cases involving motorists who ultimately proved they weren’t impaired at all. It’s also another reminder that quick roadside testing could have changed everything before handcuffs ever came out.
According to CBS Colorado, Jesse Cunningham, a Nebraska resident, stopped on the side of the road to assist after witnessing a serious motorcycle crash in 2022. Instead of heading home after trying to help, he ended up in the back of a patrol car, accused of driving under the influence.
More: Sober DUI Arrests In Tennessee Raise New Questions After Internal Emails Surface
The now-settled lawsuit said Cunningham repeatedly asked officers to administer a roadside breath test, believing it would immediately demonstrate he hadn’t been drinking. Instead, he was arrested and forced to undergo blood testing. Those results later came back negative for both alcohol and impairing drugs. Prosecutors dismissed the DUI charge roughly three months later. Of course, it took years of litigation after the fact for the city to settle.
This isn’t the first time we’ve covered a case where a sober driver ended up facing a DUI charge despite later chemical testing proving otherwise. In several previous incidents, including another Colorado lawsuit, drivers blew 0.000% on a breathalyzer or later tested negative. Despite that, they were still arrested and prosecuted before the cases ultimately collapsed. Tennessee recently began issuing breath test devices because of a staggering amount of sober DUI arrests.
That’s what makes Cunningham’s allegations particularly noteworthy. Had officers administered a preliminary breath test at the scene, they would have at least known alcohol wasn’t involved. While a zero reading doesn’t rule out impairment from drugs, it can dramatically narrow the scope of an investigation. Depending on the surrounding circumstances, it may prevent an unnecessary arrest altogether. It could also help taxpayers avoid massive payouts over these cases.
