CALIFORNIA
San Jose
Bay Area
2:00 am I am driving home from buddies house on 101 highway.
I go to exit when CHP pulls me over and says I was swerving, asks me to see my license and registration.
Then he asks me if I had drinks tonight which I say yes had beers earlier in the night but feel sober.
Asks to step out of the vehicle and perform 3 test that i feel I passed as I was not feeling intoxicated at all (follow the light, head back and count, balance on one leg) He says "Pretty good" "now I need you to do one more"
I do the breathalyzer which I believe wouldn't read. So I am out there for 30 minutes in freezing weather.
Then another unit arrives with 2 CHP officers and the officer that pulled me over leaves once they arrive.
The new CHP officers repeat all the tests all over again including breathalyzer (by this time they have done about 7 tests total) they then cuff me and take me in. At the booking station after 6 tries finally get a reading of .11 so i get booked/arrested.
So my question is: If there has to be probable cause for the officer to pull me over in the first place that then leads to me getting a sobriety test, shouldn't the officer that "witness me swerving" be the officer that administrates the sobriety test that deems me as DWI? Can they test you as many times as they want to?
San Jose
Bay Area
2:00 am I am driving home from buddies house on 101 highway.
I go to exit when CHP pulls me over and says I was swerving, asks me to see my license and registration.
Then he asks me if I had drinks tonight which I say yes had beers earlier in the night but feel sober.
Asks to step out of the vehicle and perform 3 test that i feel I passed as I was not feeling intoxicated at all (follow the light, head back and count, balance on one leg) He says "Pretty good" "now I need you to do one more"
I do the breathalyzer which I believe wouldn't read. So I am out there for 30 minutes in freezing weather.
Then another unit arrives with 2 CHP officers and the officer that pulled me over leaves once they arrive.
The new CHP officers repeat all the tests all over again including breathalyzer (by this time they have done about 7 tests total) they then cuff me and take me in. At the booking station after 6 tries finally get a reading of .11 so i get booked/arrested.
So my question is: If there has to be probable cause for the officer to pull me over in the first place that then leads to me getting a sobriety test, shouldn't the officer that "witness me swerving" be the officer that administrates the sobriety test that deems me as DWI? Can they test you as many times as they want to?