You foolish person...
You would think we have rights against searches and self-incrimination. Clearly no such rights exist.
(I don't need the /sarc tag, do I?)
In order to do any traffic stop a Law Enforcement officer must have probable cause. If they do not and make a DUI arrest it will be thrown out in court- even if the driver was drunk, blew over the legal limit on a BAC test or even on a blood test. It will be thrown out due to illegal search and seizure laws.
Probable cause is clearly defined for officers and is taken very seriously. In your arrest report for a DUI you have to list and justify all factors that leads you to suspect probable cause.
For an example: You are on patrol and notice a vehicle driving ahead of you. It is going below the posted speed limit by at least 5 mph. (1 point)
You notice the vehicle weaving in the lane and crossing over the center line once(1 point) and the fog line twice during a distance of 600 yards (2 points) You initiate a stop.
As you approach the vehicle the driver rolls the window down. You identify your self and state the reason you stopped them (driving slow and weaving crossing the center and right lanes) You have to ask if there was a reason for this. (there are several of course- most of them are harmless such as you having to beat the kids for acting up)
If you can smell alcohol from the window (1 point)
Driver's speech is slurred (1 point)
Driver fumbles for license or registration (1 point)
Driver misstates address or date of birth or phone number. ( 1 point)
At this point you ask the driver to step out of the vehicle.
On exiting the vehicle driver is unsteady or weaving.
Eyes are blurred.
You can smell alcohol on the person (not just in the vehicle)
At that point you do a field sobriety test. This is a very exact procedure the officer must do exactly correct. This is why most patrol cars have video cameras and officers carry body mics.
Even after all that and the driver fails the FST you still have to conduct the preliminary breath test. The driver may refuse to do so. In Nebraska refusal to take a PBT has the same punishment as a DUI. An officer can not force you to take one.
Once arrested the jail conducts a BAC, blood alcohol content test. Again, the driver may refuse. Same penalty applies.
All these steps are set up to protect the driver from being arrest illegally or charged with DUI illegally.
It's a pain in the ass for officers but the point is to give the utmost protection of the law to the driver.
For the record I have never lost a DUI case. I do my stops by the book, and my DUI stops exactly by regulation, step by step. My video is clear and in frame. I have been challenged by defense attorneys in court on every step and have not lost yet. Most of the time the driver pleads out as they would rather take a lesser charge (in the case of multiple DUIs) that to face me in court.
The only thing I could see this used for is to add to probable cause. I did notice that it was in the UK with different laws than we have.
There. Did I out-Vesta Vesta?
