Arizona man arrested for DUI – with a blood alcohol level of 0.00:
Jessie Thorton, a 61-year-old retiree, was arrested and charged with DUI in Arizona despite having a blood alcohol level of 0.00. The reason the arresting officer gave to Thorton: “I can tell you’re driving drunk by the look in your eyes.”
Thorton, a retired firefighter who, because of his wife’s schedule as an ER nurse, often sleeps during the day, was pulled over at 11 pm in Surprise, Arizona after police officers say they witnessed him crossing the white line in his lane.
“He (the officer) walked up and he said ‘I can tell you’re driving DUI by looking in your eyes,'” Thorton told ABC 15 in Arizona.
Thorton, who had been working out at a nearby LA Fitness, told the officer his eyes were bloodshot because he’d been swimming at the gym’s pool.
One of several lessons for the day follows:
“He (the officer) goes, ‘Well we’re going to do a sobriety test.’ I said, ‘OK, but I got bad knees and a bad hip with surgery in two days.'”
The officer then made Thorton take a sobriety test.
“At one point, one of the officers shined the light in my eye and said, ‘Oh, sorry,’ and asked the other officer if he was doing it right,'” said Thornton.
Talk to your lawyer – or any lawyer – about the advisability of refusing to take the field sobriety test (there are those who say refuse it, period; I’m no lawyer, so don’t take my word for it), but the fact is that “field sobriety tests” are not about determining if you’re sober. They’re about supporting the officer’s case against you in court. They are not designed to make you look sober; they are, in fact, not designed to be passed at all. Go ahead – recite the alphabet backwards right now, assuming you’re sober.
The “war on drunk driving” has slopped across the lane into absurdity.
Read the whole thing. It gets worse.