Data from the Colorado Department of Transportation reveals that between 2020 and 2022, a total of 30 people were killed on Colorado roads. One-third of those incidents involved suspected impaired drivers.
The charges of driving under the influence carry heavy penalties in Colorado, but recent lawsuits argue that false DUI arrests also have big consequences. The issue has become significant in Fort Collins, where several residents filed lawsuits over the past three years stating they were wrongfully accused of driving while intoxicated.
KUNC host Mike Lyle spoke with The Coloradoan reporter Sady Swanson to learn more about how law enforcement in Fort Collins plans to address the issue.
Swanson said one resident, Harris Elias, was wrongfully arrested for DUI charges in 2020 and 2021. Both of those charges were later dropped after an investigation found that Elias was not under the influence.
Swanson said those who filed the lawsuits felt their experiences receiving false charges left them with a distrust of law enforcement.
"Overall, trust is definitely a problem," said Swanson. "That's something that the Fort Collins department has had to grapple with. "
Despite the lawsuits, Swanson said the department has insisted this is not a rampant problem. Instead, they're treating the lawsuits more like "one-off" situations and feel the matter was addressed once they removed former Fort Collins officer Jason Haferman, who was found to have made the false claim. But the department also recognizes that a DUI arrest should not just rely on the result of a blood test.
"Police Chief Jeff Swoboda has talked about the nuances with blood tests, and how they don't test for every impairing substance," said Swanson. "So when they get an undetected blood test result back, that doesn't necessarily mean the officer didn't make a good arrest. In their opinion, there are other things that officers should look for."
Fort Collins currently has one DUI officer on staff. Swanson said given the issue of false arrests, there's no indication the department plans to increase that number.
"They do have officers who work overtime for DUI shifts during holiday weekends," said Swanson. "That means they won't just go to calls for service, they'll just focus on patrolling for potential impaired driving."
As for the false claims, Swanson said much of the Fort Collins community is calling for accountability within the department in the hopes of rebuilding trust within the city's law enforcement. All six lawsuits, five against the former Fort Collins officer and one against a former Loveland officer, are still pending in federal court.
