false dui arrest and subsequent issues

[Mt_Vernon]

Shouldn't they be breathalyzing someone BEFORE that someone is taken to jail?

 

[CdwJava]

Shouldn't they be breathalyzing someone BEFORE that someone is taken to jail?

As I mentioned, there is no legal requirement to do so. Plus, if they suspect DUI that does not involve alcohol, such a PAS/PBT in the field would simply affirm no alcohol, not a lack of impairment.

Additionally, not every officer carries a field test device. They are not cheap.

The officer's observations from approach and contact, through the FSTs are what he or she uses to evaluate whether there might exist probable cause or not. As I mentioned, under TX law a traffic offense such as registration can be a criminal matter subjecting a person to a custodial arrest. As such, the arrest could have happened whether or not the officer suspected DUI. At this point we can only guess whether the officer would have issued a cite for the registration had he NOT suspected DUI. But, there appears to be no impropriety.

 

[CavemanLawyer]

Shouldn't they be breathalyzing someone BEFORE that someone is taken to jail?

Not at all. The portable breath test is only used to further establish probable cause for the DWI arrest. The results are inadmissible in court and it does not give an accurate assessment of one's BAC or level of impairment at all. If an officer clearly has established his probable cause there isn't much point to breaking out the PBT. The intoxilyzer machine is what is used to accurately measure one's BAC and its results are admissible in court. There have been attempts to use portable intoxilyzer machines in some large counties and that has largely been horribly unsuccessful. The machine is going to be at the police station and by law the officer cannot request that you submit to that test until he/she has already determined that there is probable cause for your DWI arrest. So no, the test does not happen until you go to the jail.

 

[CavemanLawyer]

ocilac I read everything about your experience and while I'm sure it wasn't pleasant, I don't see anything even remotely abnormal or improper about your experience. When you get arrested for DWI your vehicle will typically be impounded and you often will not be offered a PBT on the scene. People who are arrested for anything typically are never read their "rights" unless the officer wants to interrogate them AFTER their arrest. I can assure you they did not forget about you. You were arrested, that's what happens. You sit. The magistrate that IS required to inform you of your charges and read you your rights may or may not even be at the jail when you are arrested. Usually the magistrate will come to the jail every so many hours and magistrate everyone there that has been arrested since their last visit. It sounds like they never charged you with DWI and you admit that they informed you of your charge for the expired registration. Did you not ever go to court or otherwise pay your ticket? If not then they issue a warrant for a NEW offense of failure to appear when you do not appear in court.

If the officer truly tried to get you to pay him to take care of the ticket then he committed a crime. My guess is that you misunderstood him when he explained the fact that you can pay the amount of the ticket as a bond and be released without pleading guilty. You can then appear in court on your charges as you were required to do originally. The alternative is that you be arrested or turn yourself in and sit out the fine. You will earn X amount of dollars against your fine per day. If you do not decide one way or the other then the officer will come back and arrest you and make the decision for you.

To be clear the officer is NOT there to arrest you for an expired registration ticket. The officer is there to arrest you for failing to appear in court.

 

[single317dad]

I don't know where you are in Texas, but in EAST Texas the cops do not show up to collect the money. They can and do however show up to serve a warrant. Sometimes, if it is a "bench warrant" the officer will not arrest you per se, but tell you that you have a warrant in the hopes that you will get it taken care of.

Around here, if you have a warrant because you owe money, it can be a "body attachment", which means pay or go to jail (specifically, pay what you owe and have owed for quite some time in order to avoid going to jail to await a contempt hearing). The police will collect the fine or collect the new inmate.

I don't know if Texas has a similar provision for collecting penalties, but I suggest OP find out quickly.

 

[HighwayMan]

If an officer clearly has established his probable cause there isn't much point to breaking out the PBT.

Exactly. Well said.

Very often officers rely upon the PBT unnecessarily. I prefer not to even use it and don't carry one.

 

[CdwJava]

Exactly. Well said.

Very often officers rely upon the PBT unnecessarily. I prefer not to even use it and don't carry one.

Ditto! I don't usually carry one, either - for just that reason.

However, I am reconsidering that because juveniles and people on probation for prior DUIs can be tested by PBT, and we are having an apparent upsurge in underage drinking and driving these days.

 

[Just Blue]

i dont know what happened, i specifically remember writing texas the first time because i used an explanation point...

either way, im glad that you like to hang out at forums and make rude, entirely unprecidented and speculative remarks to strangers. we all need hobbies.

Neither of the first two responses were rude. But ^ is.

 

[Mt_Vernon]

Not at all. The portable breath test is only used to further establish probable cause for the DWI arrest. The results are inadmissible in court and it does not give an accurate assessment of one's BAC or level of impairment at all. If an officer clearly has established his probable cause there isn't much point to breaking out the PBT. The intoxilyzer machine is what is used to accurately measure one's BAC and its results are admissible in court. There have been attempts to use portable intoxilyzer machines in some large counties and that has largely been horribly unsuccessful. The machine is going to be at the police station and by law the officer cannot request that you submit to that test until he/she has already determined that there is probable cause for your DWI arrest. So no, the test does not happen until you go to the jail.

A Breathalyzer result is inadmissible? Since when?

So, when I hear a news report of an accident and the corresponding BAC, was that BAC determined with a Breathalyzer or an intoxilyzer?

And how does an officer determine probable cause that a driver is impaired, without a Breathalyzer or an intoxilyzer? Does the officer use those rigged field sobriety tests? We know those tests are rigged.

 

[Just Blue]

A Breathalyzer result is inadmissible? Since when?

So, when I hear a news report of an accident and the corresponding BAC, was that BAC determined with a Breathalyzer or an intoxilyzer?

And how does an officer determine probable cause that a driver is impaired, without a Breathalyzer or an intoxilyzer? Does the officer use those rigged field sobriety tests? We know those tests are rigged.

Caveman is an Attorney in Tx. OP is in Tx. Need I say more ??

 

[CdwJava]

A Breathalyzer result is inadmissible? Since when?

The PBT in the field is legally merely one of the FSTs and can be used only to say whether there was, or was not, the presence of alcohol in the system. It can NOT be used to determine the specific level in most cases.

And, as I mentioned, if the DUI was suspected to be from drugs, than a BAC is irrelevent. And, also as I mentioned, there is NO LAW mandating that a PBT be given in the field. Only after an arrest does the law mandate that a chemical test be offered.

So, when I hear a news report of an accident and the corresponding BAC, was that BAC determined with a Breathalyzer or an intoxilyzer?

Could be one or the other, or something else entirely. Maybe even a result from blood or even urine! The Intoxilyzer is a brand name, it is not a type of device.

And how does an officer determine probable cause that a driver is impaired, without a Breathalyzer or an intoxilyzer?

Observations ... what he sees, smells, hears, etc.

Does the officer use those rigged field sobriety tests? We know those tests are rigged.

You might want to think so, but, no, they're not. They are only perceived to be "rigged" by those who do not understand them or have a vested interest in selling the idea that they are not a valid evaluation tool.

And, yes, the officer can also use FSTs including the SFSTs.

 

[HighwayMan]

A Breathalyzer result is inadmissible? Since when?

If you mean a PBT then say so.

They are inadmissible in New York as well. An officer may use one as part of normal field testing and notes in his report that the device indicated positive for the presence of alcohol but the actual number means nothing legally and is generally not reported.

 

[ocilac]

ldij, i wondered the same thing (does he know something about me that I dont?) - but it seems like there are always people who spend excessive amounts of time making nasty remarks in forums. don't understand, but have accepted it.

otherwise, the amount of speculation here is so ludicrous i laughed. first off, I am not a guy, i am 100lb girl. i was not being an ******* to the cops, i barely said anything and was incredibly compliant. I was simply exhausted and I have a shy demeanor and tend not to make eye contact, which apparently causes me to be perceived as though i might be under the influence. also, I know there is not even remotely a law about allowing me to have a friend get myc ar, my point was really about the financial aspect.

 

[cbg]

If you are driving impaired because you are exhausted (and yes, that does happen) or if you are driving impaired because you are under the influence of either a legal or illegal substance, what does it really matter in the end? The person who gets killed because of the accident you cause is just as dead.

 

[Just Blue]

If you are driving impaired because you are exhausted (and yes, that does happen) or if you are driving impaired because you are under the influence of either a legal or illegal substance, what does it really matter in the end? The person who gets killed because of the accident you cause is just as dead.

Extra like to you !!!!!