It can be a daunting task to take on police misconduct. But Sarah Schielke has made it her mission to protect civil rights and fight police misconduct in DUI cases. As the founder of The Life & Liberty Law Office in Loveland, Colorado, Schielke argues that DUI cases are the front line of the battle for civil rights, as police officers often target individuals who are simply different and don’t fit the mold of a “normal person.”
A graduate of Middlebury College and Boston University School of Law, Schielke explains, “When police are allowed to arrest you for DUI because you don’t match what is a ‘normal person’ it is going to destroy lives. Being ‘different’ should not be able to be treated as ‘a sign of impairment.’ But that’s what cops are doing. It’s appalling, it’s wrong, and I’m going to do whatever it takes to make this sort of discriminatory abuse of innocent human beings by police stop.”
Sarah Schielke: ‘I Want To Take Down This System’
In her fight against police misconduct, Schielke targets and exposes the system that incentivizes wrongful arrests. “[Y]ou would not believe what my office has to spend per year in open records requests to even get the data,” she adds, “it’s gross. We’ll keep paying it, but obviously this is not how governmental transparency is supposed to work.” She seeks accountability and change in police practices, stating, “I want to take down this busted system. People don’t believe this, but it’s true. DUI arrests are cash cows that sustain like three different money-making eco-systems.” Asked to elaborate, Schielke explains: “Let’s say you get charged with a DUI. Immediately, often before you’ve even been convicted of anything yet, you’re paying money to at least 4 different groups: the courts for sobriety testing, treatment providers for mandatory alcohol classes, MADD (Mothers Against Drunk Driving) for ‘victim impact panels,’ and ignition interlock providers [the companies that manufacture and install breathalyzers integrated into the ignition of vehicles for DUI offenders]. That’s a lot of money. And did I mention you haven’t even been convicted of anything yet?”
Schielke continues, “So where does the money go? Well, there’s of course the DUI organizations like MADD getting a cut, which they then use to fund galas and awards ceremonies for cops where the officers with the most DUI arrests are showered with DUI-arrest-quantity-oriented awards. Then there’s the police agencies themselves. They use the funds to hire more officers and buy more cop cars. Guess what those guys are doing? Naturally, they’re out there literally racing one another to make even more money-making DUI arrests. I’m not kidding – police agencies have timed DUI arrest competitions. They compete to see which agency can make the most DUI arrests in a weekend. The winner goes and brags about it on Facebook. You can’t make this up. There’s all of these perverse incentive systems that are set up to arrest people for DUIs; not a single one of them cares whether or not those people turn out to be innocent.”
While Sarah Schielke’s approach has yielded notable successes, including record-breaking settlements in police misconduct cases and inspiring change in police department practices, it’s vital to note that the issue of wrongful DUI arrests is complex and multifaceted. The problem is deeply rooted in a system that prioritizes arrests over justice and is perpetuated by a lack of accountability for officers who make wrongful arrests.
Schielke’s unconventional tactics, such as rejecting mediation and challenging the narrative that taxpayers bear the cost of settlements (“[A]lmost never does a taxpayer pay one dollar,” Schielke notes, “its deep pocketed insurers every time, and that’s exactly what insurance is for”) have drawn both praise and criticism from her peers in the legal profession. Some argue that her approach is too aggressive and may alienate potential allies, while others commend her for her willingness to take on a broken system and fight for her clients’ rights regardless of its effect on popularity.
At the heart of Sarah Schielke’s work is a commitment to protecting civil liberties and fighting for the underdog. She recognizes that wrongful DUI arrests disproportionately impact vulnerable populations, such as the disabled, elderly, and mentally ill. “For decades, far too few have been fighting back in the DUI realm,” she says. “Cops have gotten lazy. Prosecutors continue to defend their actions and attempt to prosecute their terrible arrests, and judges don’t want to let a possible drunk driver get away with it, so they let the nonsense parade continue on through. I’m trying to pick up the pieces and restore some balance. That means I’m going after everybody who’s part of this broken system.”
As Schielke continues her work, it remains to be seen whether her efforts will lead to lasting systemic change. The challenges she faces are significant, and the entrenched interests she’s fighting against are powerful. However, her dedication to holding law enforcement accountable and challenging a broken system serves as an important reminder of the need for vigilance in protecting civil rights and ensuring justice for all.
