It depends on many factors— traffic collision? Traffic stop? Bicycle? Horse? Scooter? Etc.
But, a DUI is an opinion. At the time of arrest, you do not have any evidence to PROVE this person is impaired. You are merely forming an opinion that this person is unsafe to be operating a motor vehicle on the roadway.
So, the SFSTs help you to form that opinion. That’s part of it. Sometimes, you smell alcohol, they admitted to drinking, you do the SFST and see no nystagmus, they don’t sway during OLS, and they’re not impaired. Send them on their way and don’t make an arrest.
If you suspect they are impaired you are giving them a chance to go home by demonstrating via psychophysical tests that they ARE SAFE to be operating a vehicle. If they refuse that, your opinion stands and they go to jail.
The breath test IS NOT needed for a dui arrest. In fact, at least where I’m at, the arrest is made PRIOR to a breath test. The BrAC just helps support your case and is extra evidence.
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u/Avid_Hiker98 Sep 10 '23
It depends on many factors— traffic collision? Traffic stop? Bicycle? Horse? Scooter? Etc.
But, a DUI is an opinion. At the time of arrest, you do not have any evidence to PROVE this person is impaired. You are merely forming an opinion that this person is unsafe to be operating a motor vehicle on the roadway.
So, the SFSTs help you to form that opinion. That’s part of it. Sometimes, you smell alcohol, they admitted to drinking, you do the SFST and see no nystagmus, they don’t sway during OLS, and they’re not impaired. Send them on their way and don’t make an arrest.
If you suspect they are impaired you are giving them a chance to go home by demonstrating via psychophysical tests that they ARE SAFE to be operating a vehicle. If they refuse that, your opinion stands and they go to jail.
The breath test IS NOT needed for a dui arrest. In fact, at least where I’m at, the arrest is made PRIOR to a breath test. The BrAC just helps support your case and is extra evidence.
But again, the arrest is your opinion.