Does a police officer have to give you a field sobriety test and/or a blood alcohol test before he/she can arrest you for a DUI/DWI?
"The traditional "drunk driving" offense, consists of driving under the influence of alcohol and/or drugs. Evidence to support this crime generally comes from the officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit."
Does a police officer have to "observe" all of these to deem you "under the influence"? Or is one or two of these "observations" enough for an arrest?
Example: You are pulled over because of your "erratic driving". You roll down your car window and the officer smells alcohol (and you are alone in the vehicle).
Is that enough "observation" for an arrest? Or must a sobriety test/BAC test be given? And what if a person refuses the test?
Thanks...
2007-03-21
21:18:03
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15 answers
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asked by
Theophania
4
in
Law Enforcement & Police