Northern Colorado Residents File Lawsuits After False DUI Arrests Highlight Trust Issues with Law Enforcement
Data from the Colorado Department of Transportation has revealed a concerning statistic: between 2020 and 2022, 30 people lost their lives on Colorado roads, with one-third of those incidents involving suspected impaired drivers.
While driving under the influence charges carry heavy penalties in Colorado, recent lawsuits have shed light on the consequences of false DUI arrests. Fort Collins has become a focal point, as several residents have filed lawsuits over the past three years, claiming they were wrongfully accused of driving while intoxicated.
Swanson highlighted the case of Harris Elias, a resident who was wrongfully arrested for DUI charges in both 2020 and 2021. Subsequent investigations found no evidence of impairment, leading to the dismissal of the charges.
According to Swanson, those who filed the lawsuits experienced a deep sense of distrust in law enforcement due to their false arrests.
"Overall, trust is definitely a problem," Swanson stated. "That's something that the Fort Collins department has had to grapple with."
Despite the lawsuits, the department maintains that this is not a widespread issue.
They view these incidents as isolated and consider the matter resolved after removing former Fort Collins officer Jason Haferman, who was found to have made false claims. However, the department acknowledges that a DUI arrest should not solely rely on the result of a blood test.
Swanson explained, "Police Chief Jeff Swoboda has emphasized the nuances of blood tests and how they don't detect every impairing substance. So, when they receive an undetected blood test result, it doesn't necessarily mean the officer made an improper arrest. According to their perspective, there are other factors officers should consider."
Currently, Fort Collins has only one DUI officer on staff. Swanson noted that despite the issue of false arrests, there is no indication that the department plans to increase the number of DUI officers.
"They do have officers who work overtime for DUI shifts during holiday weekends," Swanson shared. "This means they focus solely on patrolling for potential impaired driving rather than responding to other service calls."