Police mistakenly thought my friend was DUI

[techyguy717]

I'm helping out a friend who is very annoyed.

She was pulled over for a headlight that was burnt out.
It was Midnight and she was tired, so her speech sounded tired.
She does have a slight draw in her speech that is more pronounced when tired.

- Police gave her a Breathalyzer /PASS
- Coordination tests / QUESTIONABLE
Police Officer still thinks she is under the influence.
- She allows them to search her car / they found 1 matchbook.
- They ask her why she is carrying around matches in her car / For candles
- They take her into the police station to interrogate her
- They do blood tests and other medical tests / PASS
- They release her after 3 Hours
- They tell her she has medical issues

Medical issues are Attention Deficient Disorder and Eyes that are slightly uncoordinated. Visual Perception Problems.

NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report.

What can she do to prevent this from every happening again?

 

[Silverplum]

I'm helping out a friend who is very annoyed.

She was pulled over for a headlight that was burnt out.
It was Midnight and she was tired, so her speech sounded tired.
She does have a slight draw in her speech that is more pronounced when tired.

- Police gave her a Breathalyzer /PASS
- Coordination tests / QUESTIONABLE
Police Officer still thinks she is under the influence.
- She allows them to search her car / they found 1 matchbook.
- They ask her why she is carrying around matches in her car / For candles
- They take her into the police station to interrogate her
- They do blood tests and other medical tests / PASS
- They release her after 3 Hours
- They tell her she has medical issues

Medical issues are Attention Deficient Disorder and Eyes that are slightly uncoordinated. Visual Perception Problems.

NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report.

What can she do to prevent this from every happening again?

Make sure her vehicle is fully operational before driving it. Go to an eye doctor and get whatever corrective method is recommended. And lastly, stop driving while tired.

 

[CSO286]

Make sure her driving is above reproach and check to make sure her vehicle is in full working order (all lights, etc) before she takes off in her car.

 

[CdwJava]

She was pulled over for a headlight that was burnt out.

So, the stop was valid.

It was Midnight and she was tired, so her speech sounded tired.
She does have a slight draw in her speech that is more pronounced when tired.

Okay. Though, "tired" speech is not the same as thick or slurred speech which are consistent with alcohol impairment.

- Police gave her a Breathalyzer /PASS

What was the reading? If anything but .000 why do you say she passed? If it was negative, then it is possible they suspected DUI on drugs.

- Coordination tests / QUESTIONABLE
Police Officer still thinks she is under the influence.

That's what happens when you do not do so well on the FSTs - officers tend to think you might be impaired.

- They do blood tests and other medical tests / PASS

How do you know she "passed?" The blood draw results would not have been available while she was at the police department.

It sounds as if they suspect a drug related DUI.

- They release her after 3 Hours
- They tell her she has medical issues

Okay.

And if the blood test comes back positive for drugs, they may file on her again ... she better hope she had not smoked or consumed any controlled substances that day.

Medical issues are Attention Deficient Disorder and Eyes that are slightly uncoordinated. Visual Perception Problems.

And a doctor has verified these issues? And what does it mean to have "slightly uncoordinated" eyes?

NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report.

Okay. Good for her.

What can she do to prevent this from every happening again?

Don't drive tired, perhaps? Make sure the car is in perfect working order before getting behind the wheel?

An arrest requires only probable cause to believe a crime was committed and that the person arrested committed the crime. It is a moderate burden of proof and does not require absolute certainty.

There is no way to prevent a police officer from conducting a traffic stop and investigating a possible impaired driver.

 

[Silverplum]

Logical answers.

 

[HighwayMan]

NOTE: She wasn't driving erratically...

And how do you know that?

 

[techyguy717]

The Breathalyzer test was .000

I was hoping for more helpful answers. I understand a burnt out headlight is cause for being pulled over.

"what does it mean to have "slightly uncoordinated" eyes"
Answer: One eye is more dominate than the other. Move independent of each other.

Tiredness affects her ability to talk more than her reaction speed.

Could I please have other help advice? What do you think of these answers?

- Allow the police to breathalyze and coordination test. But answer any questions with "Am I being detained?" My friend says that will usually keep you from being taken in if you are innocent. It has worked for him.

- How about a medical card? Don't they have cards with disabilities on them? So if you can't talk correctly but can still function you can prove you are not DUI. Attention Deficient can make some people sound DUI in some cases.

 

[CdwJava]

- Allow the police to breathalyze and coordination test. But answer any questions with "Am I being detained?" My friend says that will usually keep you from being taken in if you are innocent. It has worked for him.

Once you have been pulled over by the police, you have been detained. So, the answer would be, "Yes."

The field sobriety tests are voluntary - you do not have to take them. If underage, most states will require you to take a breath test even in the field. If not under 21, then you would only generally be required to take a breath or other chemical test when arrested. I am told there a couple of states that make the field breath test mandatory if detained, but I cannot vouch for that.

- How about a medical card? Don't they have cards with disabilities on them?

Maybe. But, even if you had one that would not prevent the officers from conducting an investigation. It might be considered in the evaluation as the officers are taught to ask about medical conditions as part of the evaluation process, but possession of such a card would mean very little to the officers.

So if you can't talk correctly but can still function you can prove you are not DUI.

Sure. Talking is a very minor clue. You don't look for people with cleft pallets or speech impediments, you look for objective signs of impairment and this will generally include such things as slurred speech, repeated statements, inability to track a conversation, and thick speech.

Attention Deficient can make some people sound DUI in some cases.

ADD/ADHD can have an impact on the tests, but that is why the officers are supposed to employ multiple tests.

Ultimately, the officer does not have to have proof beyond ALL doubt - heck, he doesn't even have to have proof beyond a REASONABLE doubt! All the officer needs is sufficient articulation that there is probable cause to believe the person is impaired. So, if someone has all these medical conditions, is tired when they drive, and has ADD to the point that they seem impaired, then maybe they need to reconsider their driving habits because it could be that they are not safe to operate a vehicle.

 

[dave33]

I'm helping out a friend who is very annoyed.

She was pulled over for a headlight that was burnt out.
It was Midnight and she was tired, so her speech sounded tired.
She does have a slight draw in her speech that is more pronounced when tired.

- Police gave her a Breathalyzer /PASS
- Coordination tests / QUESTIONABLE
Police Officer still thinks she is under the influence.
- She allows them to search her car / they found 1 matchbook.
- They ask her why she is carrying around matches in her car / For candles
- They take her into the police station to interrogate her
- They do blood tests and other medical tests / PASS
- They release her after 3 Hours
- They tell her she has medical issues

Medical issues are Attention Deficient Disorder and Eyes that are slightly uncoordinated. Visual Perception Problems.

NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report.

What can she do to prevent this from every happening again?

There is nothing you can do, that is what you should learn from this. The police can pull you over and search you "legally" by simply wording the report "correctly". It is frustrating, I know.

 

[techyguy717]

" then maybe they need to reconsider their driving habits because it could be that they are not safe to operate a vehicle."

ANSWER: "NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report."
Also I've seen her drive, she is a safe driver.

"you look for objective signs of impairment and this will generally include such things as slurred speech, repeated statements, inability to track a conversation, and thick speech."

She has all this due to ADHD. She also vigorously defends her innocence when falsely accused. But as noted her driving is good with no accidents. Also has been driving for 15 years without problems.

Isn't there a better way to deal with this in the future, rather than a long drawn out detention at the police station

My other friend strongly recommends someone like her only respond with, "Am I being detained." If the police want to test you, still comply. But answer every question with, "Am I being detained." If they say, "no". Then say, "may I leave."

 

[CdwJava]

ANSWER: "NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report."
Also I've seen her drive, she is a safe driver.

That's great. But, she still could have been impaired. And the stop was lawful due to the burned out headlight.

She has all this due to ADHD. She also vigorously defends her innocence when falsely accused. But as noted her driving is good with no accidents. Also has been driving for 15 years without problems.

I know a great many drivers with no prior history of accidents or citations that get popped for DUI. Had another one last night at 2 AM, in fact.

Isn't there a better way to deal with this in the future, rather than a long drawn out detention at the police station

When they one day create a tricorder (a-la Star Trek) that can determine blood or alcohol content in the field, perhaps so. Until then, probably not.

My other friend strongly recommends someone like her only respond with, "Am I being detained." If the police want to test you, still comply. But answer every question with, "Am I being detained." If they say, "no". Then say, "may I leave."

If she was pulled over, then the answer will be "yes." But, if she wants to keep asking the same question over and over, that's her prerogative.

 

[HighwayMan]

ANSWER: "NOTE: She wasn't driving erratically, wasn't uncooperative, had no unpaid fines or criminal record. Her driving record is also in good report."
Also I've seen her drive, she is a safe driver.

But you didn't see her drive THAT time. You have no idea what happened that night and what the police observed, if anything, besides the headlight being out.

My other friend strongly recommends someone like her only respond with, "Am I being detained." If the police want to test you, still comply. But answer every question with, "Am I being detained." If they say, "no". Then say, "may I leave."

That's ridiculous. She was obviously being detained. Her asking is not going to result in the police immediately releasing her.

A temporary detention for the issuance of a traffic ticket and, if warranted, investigation of other offenses based on reasonable suspicion is perfectly legitimate.

 

[HighwayMan]

By the way, her level of cooperation, her criminal record, and her past driving history are all irrelevant to any investigation into any offense she is stopped for.

If you think a police officer would check her criminal history at the side of the road and then based on THAT make ANY decision to release her then you are not being reasonable.

 

[startedone]

Tiredness affects her ability to talk more than her reaction speed.

And the police would know this how?? Plus, they let the driver go w/o a ticket, right?

 

[techyguy717]

My original question was:

What can she do to prevent this from every happening again?
I'm talking about the 3 Hour detention for blood and medical tests AFTER the field sobriety tests.

Can we please keep this as the main question being answered?

So far I have gotten answers such as:
"And if the blood test comes back positive for drugs, they may file on her again ... she better hope she had not smoked or consumed any controlled substances that day."

"What was the reading? If anything but .000 why do you say she passed? If it was negative, then it is possible they suspected DUI on drugs."

"Go to an eye doctor and get whatever corrective method is recommended. And lastly, stop driving while tired."

"If you think a police officer would check her criminal history at the side of the road and then based on THAT make ANY decision to release her then you are not being reasonable."

I am simply trying to explain the situation so that advice can be relaid back. Did I come to the right place?

Considering the advice I have received I should tell her:

-Don't drive while tired:
-Even though you don't drink and drive, carry around a test device just in case.
-Get eye surgery
-Consider that you were driving erratically, even though you were not wrote up as such.
-Are you sure that a doctor has diagnosed you with ADHD?
-Always get a friend to help you check all your lights, everyday.

Please consider the saying "innocent until proven guilty". I have come here for advice and feel I have been given the run around.