arrested for dui story surprising ending

[markanth]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA.
In August 2004 AT 11pm, one Sat. evening, when I was heading to a rural home, I alledgelly ran a stop sign, and was pulled over by a Sheriff within 250 yards of the home. I couldn't find my registration, but gave him my license. He began to ask me questions, if I had been drinking and how much I drank, where was I going etc. I explained that I had a couple of beers. For the first time, he takes a pen light and asked me to follow it with my eyes without moving my head. He asked me to get out of the car and began again to ask me countless amount of questions while writing in his note pad. Do you have any injuries, taken any medicine, taken any pills, when did you last eat, how much did you have to eat, pills, etc on and on and on? I tell them I took 2 ibuprofen today and was tired. I told him I had a quad pull and hamstring pull. Then he asked me to perform FS tests. I peformed, a 30 second time estimate test, the one legged stand, touching your nose, and walking the stright line and again peforms for the second time pulls the pen light and tells me to follow the light with my eyes. We are on uneven pavement transitioning to dirt, but I am thinking I passed for sure. Now two other deputys show up. She talks with the deputy who pulled me over, and goes up to me and tells me, now for the 3rd time, to watch her pen light and follow it with my eyes. Finally, the deputy who pulls me over tells me that he has one more test for me to take- a handheld breathalyser. I said, well from what I understand, these are unreliable, and I have sucessfully passed all the other field sobriety tests administered - and since this test is voluntary, therefore I do not wish to take this "unreliable test." He reponded, the result of the test is "Cumulative." I said I have passed all the tests that I have taken, and again I am not taking this one test because it is my understanding that it is not know to be reliable and is voluntary. I say I am not under the influence-just let me go home, I live right up there. The female deputy says "Well, what about my house." What? So, he tells me you are under arrest for suspicion of driving under the influence- leads me to the back of the car, puts hand cuffs on me, and leads me to the back seat of the sheriff's car. I am sitting in the car and the 3 deputy's are outside having a discussion. They leave the discussion, with the female deputy-stating "That way you're covered." The arresting deputy comes back to me and presents an option. He offers me the chance to take the handheld breathalyzer that will not be noted and if I pass that -he will let me go. I again say, I have passed your tests and I do not want to take an unreliable test. He says okay too bad I am taking you to jail. Once in the car, he again states to me, that I can again elect to take the handheld test, and he will not record, and if I pass, he will drive me home even. Otherwise off to jail I go. I say, I am not under the influence. On our ride, he tells me what test I would like to have, either blood or breath. And I tell him blood. He contacts the jail by radio to have someone ready at the jail to draw blood.

Off to jail I go. I talk with him about the pull over. I didn't run a stop sign, I state. Are you sure, you saw me run that stop sign. I ask, where did you come from." He goes, I'm not going to tell you my hiding place. I tell, I saw you. Oh he says, you know my hiding spot. The fact is, he is a deputy that lives up the road (I have seen the police car outside of his house), who has the graveyard shift, where he often stops with at his home with his police car during his shift. They stop at a sign outside the jail and say hey do you have drugs on you and I say no, I don't do drugs. We get to the jail and a jailer deputy immediately sits me down and for the 4th time tells me to look into the pen light and follow it. The arresting deputy has a talk again with this jailer deputy and for the 5th and final times has me look into the pen light and tells me to follow it with my eyes. Within minutes, we have the blood drawing gal there. With all these repeated tests with regard to my eyes, I became concerned about the blood test. I ask the jail deputy that if I take the breath test, and pass will I be arrested. And he said, yes no matter what you are going to be arrested. So I said, okay, I will take the blood test. The deputy came up with this big smile.

They put me into cell with other people. Slow and slow processing and about 4-5 hours later at around 4 am, they get to me and start to process me. They take picts, and finger prints, and ask me all sorts of questions again. Do you take drugs? what perscription meds to you take? Where do you work? All this information goes into their computer. at 5:30. They utilize a handheld breathalyzer and he tells me to blow into it. I blow 0.00. They inform me that they have pulled my criminal record and inform me that since, I had a conviction for reckless driving in 1980, I must come up with bail. I said that is over 24 years ago. Too bad they tell me. You must pay $5,000 bail to get out of jail. They have a board with all the bail bondsman name on it and I get to select one. I ask a deputy, looked like the Sr. booking deputy in charge of the jail watch, watching the Olympics to help me locate a number, because I can't see, as I do not have my glasses on me. He tells me read the board. I try to get an outside line, but this phone does not work. He says Oh well. He has little interest as he is watching the Olympics being broadcast on the TV. So now, I am required to post the bail and I have no usuable phone. The booking deputy brings me into another room- kind of an out processing room with another phone. I call a bail guy and at about 7:30, I am free on the streets. But before, I left the booking deputy, tells me on stupid people come back here....So I walk to the Bail Bonds office located close to the jail that Sunday morning and secure a ride home.

I request a DMV hearing immediately on Monday. So I talk to a lawyer, and he tells me to request the police report and find out what the blood test results were. The records department tells me that I must supoena the police report and the results of the blood test. The attorney, supoenas a record and the records department does not not send it. The attorney again supoenas the records, and again we do not get it. Every week I call the records department and they check to see what the bood test result is? Finally, after 4 weeks, with my court appearance scheduled for the 5th week, the records person informs me that my blood came back .01. I called the county records department again to make sure I didn't write down the blood results incorrectly, again .01.

I contact the DMV to see if they have this information that since I did not come back .08 or above, I am not in violation of the .08 or above per se violation of the statute, and accordingly should not have a license suspension. They tell me that they do not have this information.

I go to court on my appointed day. They call everybody else and I just wait. Finally, after 2 hours, the judge says is there anybody out there that has not been called and thinks they should be called. I raise my hand and say, hi and give them my name and hand the deputy a copy of my paperwork. Yes, I was told to me here. They look around and no record of me. I say your honor, that is because I have been informed that the blood test came back .01, and he said .01 or .1, and I said .01. The judge says don't say anything anymore and as a friend of the court, the public defender will talk to you outside. Then the district attorney speaks up. I am very familiar with this case, and we have re-submitted the blood test for a more in-depth test. The judge goes, the expensive one, and she goes yes. I tell the public defender I have a .01, and he says this other test will take your blood and test for drugs and did you take anything. He told me that you never say you had a couple of beers-even if is the truth- because that is what they all say. I said NO. Ok, then you should be fine. You just have to wait.

The DMV gets the information from county records and I am told on the phone that have recinded the license suspension. Three more weeks go bye with a scheduled hearing to come on the 4th week. I contact records the week before the scheduled hearing, and the result is: scheduled hearing dropped. My attorney has requested and supoenaed the police report and still have not received as of this date. Finally, last week I recieved a bill for $150.00 for booking and processing from the county in connection with the arrest. After calling the dept. they agreed to send the bill back to the sheriff's dept.

Here is my questions,
1. I understand that a trained officer will have over an 80% likelihood that the trained officer can sucessfully detect that the driver is under the influence person of .08 or higher when administering this horizontal gaze nystagmus test. I had this test 5 times and they were all wrong?

2. I was told if I take the additional hand held breathalyzer test and if I passed, there would not be an arrest and they would let me go. This would indicate that I passed all 4 tests-3 of the tests approved by the DOT.... afterall, they would let a person who have failed these tests go would they? Therefore, if the hand held breathalyer test is optional, and I have passed all the other tests, I could elect to not take this test and they would have no right to book me- otherwise it would be a mandatory field sobriety test?

[CdwJava]

Originally Posted by markanth

Here is my questions,
1. I understand that a trained officer will have over an 80% likelihood that the trained officer can sucessfully detect that the driver is under the influence person of .08 or higher when administering this horizontal gaze nystagmus test. I had this test 5 times and they were all wrong?

Well, they were either wrong, you have some naturally funky eye movements, or they were not propely trained in HGN. Most rural sheriff's departments in CA do not do DUIs - they turn them over to the CHP. It's generally the rule that DUIs go to the CHP in rural areas - your situation is very unusual.

2. I was told if I take the additional hand held breathalyzer test and if I passed, there would not be an arrest and they would let me go. This would indicate that I passed all 4 tests-3 of the tests approved by the DOT....

Not necessarily. It indicates that they weren't sure or that they felt the conclusions were borderline. It doesn't mean that they felt you passed them.

afterall, they would let a person who have failed these tests go would they?

They shouldn't. But, in some countiesd - like mine - the DA won't prosecute for under .08 so they may have felt you were DUI but not quite .08. In that case, the blow would have made the decision.

Personally, I almost never use a handheld PAS device as one of the FSTs. If I can't determine it by my observations and evaluation, then I don't need it.

- Carl

[markanth]

Dear Carl,

Thanks for taking the time to respond and supply input. Please remember I was .01. A couple of questions arrise.

Originally Posted by markanth
Here is my questions,
1. I understand that a trained officer will have over an 80% likelihood that the trained officer can sucessfully detect that the driver is under the influence person of .08 or higher when administering this horizontal gaze nystagmus test. I had this test 5 times and they were all wrong?

Well, they were either wrong, you have some naturally funky eye movements, or they were not propely trained in HGN. Most rural sheriff's departments in CA do not do DUIs - they turn them over to the CHP. It's generally the rule that DUIs go to the CHP in rural areas - your situation is very unusual.

-3 DIFFERENT SHERIFF DEPUTIES TESTED ME UTILIZING HGN. THE ARTICLE I HAVE READ SUGGEST THAT THE PROSECUTOR CAN MAKE A CASE USING FST AND ESPECIALLY HGN WITHOUT SUBSTANTIING BREATH OR BLOOD? THESE 3 OFFICERS WERE ALL WRONG. WONDER WHAT REAL TRAINING THEY HAVE HAD?

Quote:
2. I was told if I take the additional hand held breathalyzer test and if I passed, there would not be an arrest and they would let me go. This would indicate that I passed all 4 tests-3 of the tests approved by the DOT....

Not necessarily. It indicates that they weren't sure or that they felt the conclusions were borderline. It doesn't mean that they felt you passed them. THEY WEREN'T SURE SO THEY ARRESTED ME? OR
BORDERLINE? I WAS .01, .01 IS BORDERLINE AND THIS BUGS ME MORE BECAUSE THE 3 TESTS I TOOK WERE ALL DOT APPROVED. THEY WENT OUTSIDE THE DOT APPROVAL. THIS SEEMS TO ME THAT IF YOU DRINK IN THIS COUNTY, AND GET PULLED OVER- A FIELD NON EVIDENTIARY BREATH TEST IS MANDATORY OR ELSE YOU GET ARRESTED. They might as well not take any of the DOT tests and go right to the non evidentiary breath test.

Admissibility of Horizontal Gaze Nystagmus Evidence at [url]http://www.ndaa-apri.org/pdf/admissibility%20of%20hgn_april_2003.pdf[/url]

Let me quote, "In reality, there is no mystery to nystagmu. You either see it or you don't, and if you see it, the person is impaired, excluding a few rare exceptions. " Our best estimate is that about 1 person in 2,000 when sober and in the absence of any drugs or known medical condtions, show signs that an officer cold associate with alcohol impairment. NEVERTHELESS, EXPERIENCED OFFICER WILL RECOGNIZE THAT THE QUALITY OF THE EYE MOVEMENTS IS NOT CONSTENT WITH THOSE HE OR SHE NORMALLY OBSERVES ON IMPAIRED INDIVIDUALS."
Apparently, all 3 officers thought they saw it.... Apparently, I was one of the few rare exceptions or all 3 were wrong and thus-properly trained but mistaken or not properly trained or do not have the necessary experience. Am I the rare exception? or do the officers really are unable to sucessfully evaluate the phenomenon of HGN. I think it is the latter.
Is is time to get rid of this test? I think so
Thanks

[CdwJava]

Originally Posted by markanth

-3 DIFFERENT SHERIFF DEPUTIES TESTED ME UTILIZING HGN. THE ARTICLE I HAVE READ SUGGEST THAT THE PROSECUTOR CAN MAKE A CASE USING FST AND ESPECIALLY HGN WITHOUT SUBSTANTIING BREATH OR BLOOD? THESE 3 OFFICERS WERE ALL WRONG. WONDER WHAT REAL TRAINING THEY HAVE HAD?

There could be any number f reasons why they either felt the HGN was inconclusive, or believed they observed something in your eyes that indicated impairment. As I don't know the county involved or the training of the officers, I cannot address the training issue at all.

However, I would hope they did not base their entire evaluation on the HGN.

THIS SEEMS TO ME THAT IF YOU DRINK IN THIS COUNTY, AND GET PULLED OVER- A FIELD NON EVIDENTIARY BREATH TEST IS MANDATORY OR ELSE YOU GET ARRESTED. They might as well not take any of the DOT tests and go right to the non evidentiary breath test.

That could be the impression they were operating under.

As I mentioned, most sheriff's departments in CA do not do DUI and are not well-versed in the tests. This varies, and is certainly not always the case for officers working in contract cities, but it tends to be true elsewhere.

Let me quote, "In reality, there is no mystery to nystagmu. You either see it or you don't, and if you see it, the person is impaired, excluding a few rare exceptions. "

Yes, I am very aware of HGN and how to use it. Drug and alcohol recognition is an area of expertise for me.

Am I the rare exception? or do the officers really are unable to sucessfully evaluate the phenomenon of HGN.

I can't answer that.

I think it is the latter.
Is is time to get rid of this test? I think so

The HGN? Nope. It's a great test. Most the officers here don't use it because they don't understand it. I tell officers that unless they feel comfortable performing ANY test, they should not use it. An officer that does not have sufficient training or confidence should not use HGN or VGN. It is a great tool when used properly.

- Carl

[markanth]

2. I was told if I take the additional hand held breathalyzer test and if I passed, there would not be an arrest and they would let me go. This would indicate that I passed all 4 tests-3 of the tests approved by the DOT....

Not necessarily. It indicates that they weren't sure or that they felt the conclusions were borderline. It doesn't mean that they felt you passed them.

Ok if I were borderline and my result was .01 via blood, then doesn't this sound like quite inaccurate FST testing? They had me take standard field sobriety tests and they came to the conclusion that I needed to take one more-the handheld breathalyzer. When I refused they placed me under arrest. That means that under the testing that they gave me and from their learned experience, I was not borderline, but DUI.

Even if they considered me to be borderline with their learned experience, and as such wanted to administer the handheld breathalyzer, they placed borderline status (and then arrest) based upon on a .01 blood alcohol level via a blood test.

What does that say about the 3 officers involved and their knowledge of DUI violators. Doesn't seem to give them much credibility for administering DUI violators. Sounds as if arrest first, not my problem Interesting when one of the officers stated-in reference to asking me to take the hand held- "that way you will be covered." Sounds like the hand held is a mandatory test in this county by the Sheriff's department.

Why then go through the pretense of the DOT approved FSTs if it really comes down to the handheld. Is this policy of this particular sheriff's dept? If in fact, if they maintain that a refusual of the OPTIONAL handheld device is grounds for arrest.....sounds illegal. What are your thoughts?
Thanks

[CdwJava]

Originally Posted by markanth

Ok if I were borderline and my result was .01 via blood, then doesn't this sound like quite inaccurate FST testing?

Could be ... but it could also mean that you exhibited some signs of impairment for other reasons. You might have been tired, sick, hungry, dizzy, bad ground to perform the tests on ... who knows?

As I wasn't there, I really couldn't evaluate the test. Being .01 BAC with alcohol doesn't mean that there were not possible indicators of impirment on board. Drugs can also impair people, but the results would not necessarily be the same as for alcohol on an FST. If the deputies were not keen on looking for drugs you could well have been impaired but on medication as opposed to alcohol.

They had me take standard field sobriety tests and they came to the conclusion that I needed to take one more-the handheld breathalyzer. When I refused they placed me under arrest. That means that under the testing that they gave me and from their learned experience, I was not borderline, but DUI.

It means that based upon the results of their FSTs they formed the opinion that you were DUI. Apparently, they were wrong. Or, you had drugs on board that were not tested for in the blood test. Although most labs automatically re-test for common drugs when the BAC is below .04 or so.

Sounds like the hand held is a mandatory test in this county by the Sheriff's department.

When used as the key FST by an officer, it's a crutch used by officers and agencies that do not encourage or train their people in the conduct of good FSTs. Very often, officers don't feel as confident with their obsevrations because they do them so rarely that they have to rely on the PAS test. Personally, I almost never use the PAS device. But then, drug and alcohol evaluations are what I do.

Why then go through the pretense of the DOT approved FSTs if it really comes down to the handheld. Is this policy of this particular sheriff's dept?

Policy? No. Common practice? Perhaps.

I'm still surprised that they didn't turn you over to the CHP.

If in fact, if they maintain that a refusual of the OPTIONAL handheld device is grounds for arrest.....sounds illegal. What are your thoughts?
Thanks

Apparently that wasn't their position. If they write a report saying they arrested you for a refusal to take the PAS test, then they had better get a blank check out. However, if they articulated their observations in the report and the observations would lead a reasonable officer of similar training and experience to conclude that you were possibly DUI, then it is certainly not unlawful in any way.

Probable cause to make an arrest does not mean that there has to be absolute proof of guilt. And while it sounds as if these officers don't have a lot of experience at doing FSTs, there may have been factors that came in to play that I am obviously not privy to.

Good luck.

- Carl

[markanth]

Thanks for your considerate responses.

As I mentioned in my first post on the subject, the blood results came in at .01. When I went to court, they did not have a complaint filed. However, when I responded to the judge's question- "Is there anybody here that has not been called yet that has been ordered to be here;" I raised my hand and stated my name. The DA said "I know this case very well and we sent the lab work in for additional testing." The judge responded that "You mean the expensive test." Outside the public defender told me that this additional test is a further? drug test. So apparently when they received the results, then I found out that the matter has been and I do not need to go to court further. I mentioned that I had 2 ibuoprofen much earlier in the day, and that was it.... no other medicine, no prescriptions, and certainly nothing illegal. So your possible drug idea is out the window in my thinking. Therefore, it kind of raises suspicions again with regard to the arresting officers expertise- 3 on site at the time-as they felt with their learned experience that I was DUI with a resulting .01 blood test. Makes you wonder again, if you don't take the hand held breathalyzer you are going to be handcuffed and sent to jail. My thinking is that this is policy in this particular county. Your thoughts?

Thanks again

Mark

[CdwJava]

Originally Posted by markanth

So your possible drug idea is out the window in my thinking.

Well, I wasn't there so I have no idea what the officers at the scene were thinking or what they thought they saw. There are some drugs that can have observable effects for days, and psych. meds that mimic the reactions of CNS stimulants. And I can usually identify a chronic user of certain drugs days after their last hit by certain characteristics and clinical signs. Whether they saw or thought they saw these in you, I can't say.

Makes you wonder again, if you don't take the hand held breathalyzer you are going to be handcuffed and sent to jail. My thinking is that this is policy in this particular county. Your thoughts?

I can guarantee you that it is not "policy" - a formal, written plan governing the rules and operation of the agency. It may be common "practice", but it is not "policy".

- Carl

[rmet4nzkx]

How long between the time of the stop until you took the blood test?

Are you sure you actually stopped at the stop sign?

Are you thinking that the Deputy, your neighbor was trying to stop you for some reason?

You informed them of several things which may have caused them to look further.

You said you had injured your Quad and hamstring, both injuries that might affect FST, or make it appear that you were hedging.

If you felt that the PAS was innaccurate, why didn't you just request the blood test, were you stalling? You also act defensive here, perhaps you were irritating them with your attitude?

You said you were tired, sleep deprevation can be as impairing as alcohol.

You admitted that you were and had taken 2 ibuprofen that day, but what about other drugs like Viocodin? Or something stronger with your injuries on other days, those will show up. Ibuprofen can make you sleepy especially when combined with a couple beers.

You also complained of a vision problem in the jail, do you require glasses to drive.

It really sounds like you were impaired, perhaps not by alcohol by the time you took the test, but you were inpaired and your attitude isn't helping you.

My guess is that while you might off this time, rest assured, your neighbor will watch and wait for you, so you better not drink and drive.

[markanth]

rmet4nzkx
Senior Member How long between the time of the stop until you took the blood test? EVEN TIME TO DO THE FST's and run me up the hill to the jail, where the blood drawer was soon present. 45 MINUTES TOPS

Are you sure you actually stopped at the stop sign? TALKED WITH THE OFFICER ABOUT IT 2 TIMES, ONCE UPON INITIAL STOP, NOOOOOOOOOOO ANOTHER DISCUSSION I HAD WITH THE OFFICER IN THE CAR ON THE WAY TO THE JAIL. I SAID I STOPPED, AND SAID NO YOU DIDN'T, HE DIDN'T WANT TO DISCLOSE HIS HIDING PLACE BUT I SAID i SAW HIM

Are you thinking that the Deputy, your neighbor was trying to stop you for some reason? NEVER MET THE DEPUTY, DID NOT KNOW HIM, HE WAS POLITE AND OFFERED A CHANCE TO TAKE THE HANDHELD AND PRESENTED THE OPTION IF I PASS, THEN YOU CAN GO HOME. HE EVEN ASKED WHILE I WAS HEADING UP THE HILL TO THE JAIL IN THE CAR. MAYBE HE DIDN'T WANT TO DO THE PAPERWORK. MAYBE HE HAD REAL CONCERN THAT i WAS NOT DUI. IF I TOOK THAT ADDITIONAL TEST, AND PASSED HE WOULD LET ME GO. wHAT PASSING WAS ON THE SCALE, HE DID NOT SAY. i TOLD HIM I PASSED ALL HIS TESTS . hE SAID WELL IT IS CUMULATIVE, NOW I WANT YOU TO BLOW INTO THIS BREATHALYZER. IT SEEMS TO ME THAT IF IT IS CUMULATIVE AND YOU DO NOT DO ONE OF THE VOLUNTARY TESTS, THEN YOU WOULD BASE YOUR RESULT ON WHAT THE ACTUAL TESTS TAKEN WERE...AND AS HE SAID IF YOU PASS THIS I WILL LET YOU GO... DOESN'T THIS SUGGEST THAT I PASSED THE OTHER TESTS (AFTERALL, THEY WOULDN'T LET SOME WHO IS CONSIDERED TO BE DUI AFTER TAKING THE OTHER FSTs GO WOULD THEY?)

You informed them of several things which may have caused them to look further. THEY ASKED AND I POLITELY FURNISHED INFORMATION, I SUPPLIED I DRANK A COUPLE OF BEERS- THE PUBLIC DEFENDER SAID WRONG THING TO SAY IF YOU HAD 2 BEERS, AS EVERYBODY SAYS THIS

You said you had injured your Quad and hamstring, both injuries that might affect FST, or make it appear that you were hedging. HE ASKED IF I HAD ANY INJURIES, I INDICATED TO THE OFFICER THAT THESE WERE OLD NAGGING BASEBALL INJURIES. HE DIDN'T SEEM TO CARE MUCH ABOUT THESE DETAILS, IT SEEM TO BE OF LITTLE CONCERN TO HIM AS HE HAD ME DO THE STANDARD FST TESTS.

If you felt that the PAS was innaccurate, why didn't you just request the blood test, were you stalling? YES, THAT IS EXACTLY WHAT I DID, I REQUESTED BLOOD TO GET AN ACCURATE NUMBER. PAS IS NOT AS ACCURATE WAS MY UNDERSTANDING. I TOLD THE OFFICER THAT I UNDERSTAND THAT THIS HAND HELD TEST WAS UNRELIABLE. You also act defensive here, perhaps you were irritating them with your attitude? PERHAPS, I WAS, BUT I ACTUALLY THINK I WAS HELPFUL AND COURTEOUS. I BELIEVE THAT CAME ACROSS, PLUS THE FACT THAT I WOULD BE NO PROBLEM AND THE FACT, THAT I EVEN SAID SORRY TO FOR THE TROUBLE TO THE OFFICER.

You said you were tired, sleep deprevation can be as impairing as alcohol. NOT TOO TIRED AS I TOOK A NAP EARLIER AFTER I TOOK THE 2 IBUPROFENS. SO I DON'T THINK THAT IT WAS A MAJOR, MAYBE MINOR.

You admitted that you were and had taken 2 ibuprofen that day, but what about other drugs like Viocodin? Or something stronger with your injuries on other days, those will show up. Ibuprofen can make you sleepy especially when combined with a couple beers. AGAIN, NO DRUGS, PERSCRIPTION OR OTHERWISE, NO VICODIN, MARIJUANA, OR STRONGER MEDS. THEY HAD THE 1ST TEST AND THEN THEY WENT BACK FOR A FURTHER TEST "MORE EXPENSIVE" AND THE RESULT-NOTHING.

You also complained of a vision problem in the jail, do you require glasses to drive. NO GLASSES TO DRIVE ONLY TO READ , IN MY 40'S NOW.

It really sounds like you were impaired, perhaps not by alcohol by the time you took the test, but you were inpaired and your attitude isn't helping you. WHAT PSYCHOLOGICAL IMPAIRMENT, IS THERE A TEST FOR THAT? .01 BLOOD TEST, THEN TEST FOR DRUGS ONCE, AND THEN TEST FOR DRUGS TWICE.... NO DRUGS

My guess is that while you might off this time I HAD A .01 WHAT DID I DO, rest assured, your neighbor will watch and wait for you, so you better not drink and drive. WELL NOTED, THIS IS A CONCERN, I THINK YOU ARE SAYING YOU BETTER NOT DRIVE WHILE IMPAIRED. REMEMBER WE DID NOT HAVE A PROBLEM, I WAS QUITE COOPERATIVE AND SO WAS HE. I AM SURE THE DA TALKED TO HIM ABOUT THE CASE AND THE RESULT OF THE BLOOD, SO YES, HE MIGHT BE LOOKING FOR ME. THEY THINK I MUST HAVE BEATEN THE TEST, BUT WAS UNDER THE INFLUENCE-LIKE TESTING FOR STEROIDS IN BASEBALL- BUT MAYBE THEY JUST BLEW IT TOO.

HERE IS MY GUESS.... POOR FST TRAINING, OR POOR CURRENT TRAINING, OR THEY HAVE BUILT A TEST THAT YOU ARE GOING TO FAIL BEFORE YOU EVEN START IF YOU DO NOT TAKE THE HANDHELD. I THINK THE HANDHELD DICTATES AND IF YOU DON'T TAKE IT IN THIS COUNTY, THE HIDDEN POLICY YOU ARE ARRESTED. THE OTHER THING I CAN THINK OF IS A CONGENITAL EYE ABNORMALITY.... BUT THIS WOULD BE THE FIRST I HAVE HEARD OF IT.