False arrest is a police misconduct charge and often doesn't include any physical injuries to the victim. I was arrested for DUI and I registered 00 on the breathalyzer and no other evidence was found.Can I sue the state highway patrol for false arrest? In New York, a private person or a police officer commits the tort of false imprisonment or false arrest when they detain someone without legal authority. It is crucial to understand what a false arrest in New York is and what you should do if it happens to you or a loved one. To prove a false arrest case, you have got to prove that the police didn't have probable cause to stop you in the first place. Victim of a false arrest? Our top-rated false arrest lawyers in NYC have a proven track record of defending the wrongfully accused. A few hours later my dad had to come pay bail because they arrested my with my wallet still in the car so I had no way to pay. If they cannot, you will likely win your lawsuit.