Loveland to pay $400,000 over Colorado DUI arrest, Driver had no alcohol, drugs in system
The City of Loveland has agreed to pay a substantial settlement of $400,000 to Harris Elias, a Windsor man who was wrongfully arrested for DUI in 2020. Breath and blood tests indicated that Elias had no alcohol or drugs in his system at the time of the arrest.
After filing a federal lawsuit against the City of Loveland and two of its officers, a settlement agreement was reached on December 4, according to federal court records. However, Loveland is not admitting any wrongdoing in the case.
The incident occurred on January 4, 2020, when Elias was driving home through Fort Collins. Loveland police officer William Gates pulled him over for failing to signal a lane change and driving below the speed limit.
Officer Gates claimed to smell an "overwhelming odor of alcohol" when he approached Elias' car.
Despite Elias explaining that he had only consumed a small amount of alcohol several hours prior and declining to perform roadside sobriety tests, Officer Gates arrested him for suspected DUI. However, both a breath test at the police station and a subsequent blood test confirmed that Elias had no alcohol or drugs in his system.
Elias' attorney, Sarah Schielke, believes that the root of the problem lies in a police culture that incentivizes officers to make more DUI arrests. She argues that officers who make the most DUI arrests are rewarded with better shifts and recognition, creating a competitive environment among departments to see who can make the most arrests.
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Interestingly, Elias had a similar experience with Fort Collins police in 2021, where he was arrested for DUI despite later tests showing no traces of alcohol or drugs in his system. He spent three days in jail as a result and is currently suing Fort Collins police over that arrest.