DUI Arrest

[jenna6927]

What is the name of your state (only U.S. law)? New Hampshire

My roommate was pulled over for squealing his tires leaving a parking lot. They then arrested him for DUI even though he did not swerve or anything on the road. He was right by our apartment. He did the field sobriety test. My question I guess is isn't that by law supposed to be done on a flat surface on the double line in the road? he did it on a hill on the side of the road. they asked him if there would be any reason why he wouldn't pass the test, he told them he has trouble with the eye test because of a lazy eye. he also has a handicapped placard for his car and it is stamped on his license, which he told them he would have trouble with the walking part, because of his bad knees and ankle. They also did not read him his rights when they were putting the handcuffs on him. My other question is does he have a case against the police department?

 

[CdwJava]

He did the field sobriety test. My question I guess is isn't that by law supposed to be done on a flat surface on the double line in the road? he did it on a hill on the side of the road.

Nope. It is best to do it on a well lit, flat surface, but not required.

they asked him if there would be any reason why he wouldn't pass the test, he told them he has trouble with the eye test because of a lazy eye. he also has a handicapped placard for his car and it is stamped on his license, which he told them he would have trouble with the walking part, because of his bad knees and ankle. They also did not read him his rights when they were putting the handcuffs on him. My other question is does he have a case against the police department?

His attorney can raise the "lazy eye" at trial. Unfortunately for him, if the officers were decently trained, it won't be an issue. Plus, they will rely on the battery of tests, not one single test. And the probable cause to support the arrest would still exist, and thus the mandatory chemical test ostensibly showing the level of impairment would also be valid.

And just what kind of case would he have against the police department? What did they do wrong, here?

Oh, and some 9 of 10 arrests do not require Miranda. It is generally required only when a person is both in custody and being interrogated. Few arrests will require Miranda.

 

[FlyingRon]

Was there a chemical test done? I've seen those with physical impairments beat the FSTs but that's only useful if there was no (or an impeached) chemical test as well. The fact that the apparent impairment can be traced to things other than intoxication doesn't invalidate the probable cause in most.

 

[jenna6927]

There was no breathlizer, blood, or urine tests done. he refused breathlizer cause when he walked in to police station machine was already reading 0.38. the officers have also said somethings to him that in my opinion should not be said.

 

[CdwJava]

There was no breathlizer, blood, or urine tests done. he refused breathlizer cause when he walked in to police station machine was already reading 0.38. the officers have also said somethings to him that in my opinion should not be said.

His refusal to test will mean an automatic suspension of his license, AND, it is possible that they can use his refusal as conscious evidence of guilt.

And the numbers he saw on the machine could have meant any number of things and do not imply that the machine was malfunctioning. It's an interesting excuse, but will not likely avail him of much.

So, without a test, the police will get to rely on their observations. I suspect he will be a pedestrian with a plea deal in the not too distant future.

 

[jenna6927]

All I know is that police have also harrassed him. Telling him not to play the Veteran card and told him that just because he has been discharged does not give him the right to do what he does. he doesn't do anything wrong and would NEVER play the veteran card. the cop also told him that he was standing and walking fine. The liuetenant has also ran his mouth too. he will be talking to a lawyer cause the cops in our town like to harrass people and already have him guilty before they even go to court. I know my roommate and know when he is drunk and he was NOT drunk when i got him home.

 

[Zigner]

I know my roommate and know when he is drunk and he was NOT drunk when i got him home.

One does not need to be falling-down drunk in order to be legally intoxicated.

 

[CdwJava]

All I know is that police have also harrassed him.

How so? Of course, most "harassment" is not going to be unlawful.

[quite] I know my roommate and know when he is drunk and he was NOT drunk when i got him home.[/QUOTE]
His attorney can call you as a witness if he wants to. However, unless you have any training in the objective symptoms of impairment, your opinion as to his impairment will likely never make it into court. Your observations of his demeanor at the time you saw him could, but probably not any opinion of his impairment or ability to safely operate a motor vehicle.

As I mentioned, he will likely lose his license for the prescribed time period for a refusal of the test, and will probably plea the offense down in some way.