Arrested for DUI while you're completely sober
How is it even possible to be arrested for a DUI while you're stone cold sober? Failing a field sobriety test. Sarah Fenske wrote an article of a woman arrested for failing a field sobriety test, despite being completely sober she was still arrested and charged with DUI. Now Sarah is taking another look at this violation of civil liberties.
A woman in Arizona named Heather Squires was arrested for DUI despite being totally sober. Her husband is a DUI attorney so some people speculated that was the reason for her harassment. It turns out though, this isn't the first time somebody in Arizona has been arrested and charged, despite their BAC being under the legal limit.
One expert who tests blood samples for BAC said about 15% of all tests come back below the legal alcohol limit. How is this possible? The Forensics Guy offers this piece of advise: "The important part to remember from this article is that in Arizona at least, you do NOT have to perform field sobriety tests, and you really shouldn't. There are no criteria for "passing" field sobriety tests. There are only criteria for failing them. And if you don't "fail" the results are inconclusive. Don't make your defense any harder than it already is going to be by giving them ammunition."
In Colorado, the law is almost the same. If you are pulled over and suspected of DUI, you can refuse to take a breathalyser and a field sobriety test, but you will be detained and taken in for a blood sample. If you refuse everything, they can take your license away and assume you were driving under the influence because of your complete refusal to prove otherwise.
A woman in Arizona named Heather Squires was arrested for DUI despite being totally sober. Her husband is a DUI attorney so some people speculated that was the reason for her harassment. It turns out though, this isn't the first time somebody in Arizona has been arrested and charged, despite their BAC being under the legal limit.
One expert who tests blood samples for BAC said about 15% of all tests come back below the legal alcohol limit. How is this possible? The Forensics Guy offers this piece of advise: "The important part to remember from this article is that in Arizona at least, you do NOT have to perform field sobriety tests, and you really shouldn't. There are no criteria for "passing" field sobriety tests. There are only criteria for failing them. And if you don't "fail" the results are inconclusive. Don't make your defense any harder than it already is going to be by giving them ammunition."
In Colorado, the law is almost the same. If you are pulled over and suspected of DUI, you can refuse to take a breathalyser and a field sobriety test, but you will be detained and taken in for a blood sample. If you refuse everything, they can take your license away and assume you were driving under the influence because of your complete refusal to prove otherwise.
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