It should be left up to the state. Something like this could be too easily abused.
What's the first thing most officers ask you when your stopped besides wanting to see your license,
registration, and insurance? " Have you been drinking and is there anything in the car that I need to
be aware of ?"
No I haven't been drinking and there is nothing in the car that's any of your business unless you
have a warrent. That's not being mean its the way your rights are spelled out.
Even if your so drunk your flowing out of the car make them prove it. Do not ever give them the ok
to search your car, every lawyer I've ever discussed this with says the same thing.
If they demand you take a breath test or go through the sobriety test then fine but keep your mouth
shut and do as they say. But never surrender your rights drunk or not or your rights about search
and seizure. They may have or use probable cause but that's fine let them do it do not give them
a helping hand. A favorite I've seen them use for stopping people is your license plate light is out.
Even if it isn't they will tap on it saying well it was out, can we search the car?
Say NO, they can get a warrent if you say yes thinking I've got nothing to hide you have still surrendered your rights. That little dance and finger thing along with the counting backwards from
100 in a short time frame is rediculous tell them you want a breath test. Some of you guys are getting up in years and it is difficult for you to stand on one leg while standing in the gravel on the shoulder
of the road. Or they face you into the cold wind and tell you to follow an ink pen, of course your eyes
are going to water. Arthritis could prevent you from touching all your fingers back and fourth with
your thumb within 10 seconds.
But you can be arrested by failing these test even without a breath test. And they can hold you for
12 hours in a drunk tank for no other reason other than they suspected you.
Guys, they can drag you off your property and do this even if all they see is one beer can or say they
smelled it on your breath. They can detaine you without arrest for 12 hours for just about anything they want if they say they suspected you of being under the influence of something.
And you don't have to be driving they say its to protect you from yourself or your being a danger
to the public. If this is the case they do not even have to give you a breath test its on their word
alone.
I'm not making this up I've had to verify one if my patients was on medication that was prescribed
but for 12 hours it made no difference. He was taken from his home and was sober, no breath test,
no arrest, not driving, only because the deputy said he smelled beer on his breath.
Well after 12 hours the only smell on his breath was after the crappy food they had fed him.
The man doesn't drink he can't drink he is 66 years old with a medical condition drinking could kill
Him. No matter let him dry out and we will talk about it later.
While in the tank he was denied any vists by his doctors, they denied our request to see him, no
matter what was said to them. I gushed they figure 12 hours is a safe time to even keep a sick
person behind bars. Then they just threw him out on the streets telling him to walk home.
He stumbled to a tire store where they called an ambulance guys this guy was a dead man walking.
He later said that everytime he tried to tell the jailers he needed help they ignored him or laughed it
off. I guess if he had died they would say it was a suicide that is such an easy cop out for them
anymore.
