Cassandros wrote: ↑Sat May 01, 2021 4:43 pm
That said, the arrest is not "suspicion", the arrest is for the DUI. And like any other charge, it can be dropped if the police do not have enough evidence against you, if you have the means to pay for an impressive defense, or well connected enough to have the police just do you a solid.
Even if the charges eventually get dropped, unless you pay a heavy sum and jump through many hoops to get the record expunged, you will have the arrest on your record for life. Hence, why you didn't get an offer for that great job you were gunning for.
All the more reason I find it messed up that you can get a DUI even when not driving. I get the basic premise, don't get me wrong. The idea is 'if you have the capacity to drive while intoxicated then, as a matter of public safety, we are going to treat it like you were.' I just think its unfair. A PI can accomplish the same thing (getting a potential drunk hazard off the road) without massively fucking the person over.
In my humble opinion, of course.
Every state seems to have its own turn on DUI laws, which can really trip you up when you cross state lines. And here in Florida, even without definite evidence of DUI, a cop can still get you on suspicion. Which might not be true in other states, I don't know. My own knowledge of this came about five years ago, when our company's best sales rep was picked up on DUI with property damage. That happened after a drunk driver forced him off the road, the drunk taking his half of the road right out of the middle, and our rep damaged a brick wall. Wet road, late at night, tired driver. Cop smelled alcohol on our rep, so made him blow, came up 0.01. Still the cop took our rep in. The alcohol smell was from our rep's wife who'd earlier spilled a whole glass of wine on herself, and actually was drunk. Unfortunately with our company, even suspicion of DUI with arrest takes away your right to drive on company time, and those of us who depend on driving on company time usually get immediately terminated on any kind of DUI arrest. Which is exactly what happened Monday morning. Sad thing was, a later blood test was completely negative, no alcohol. It came out alright for him later, he got a better job at a more decent and understanding company, and his charges were later dropped and expunged after about a year. It's why I don't drink or take any kind of illicit drugs, I need my job more than I need the temporary high.
But I agree with you. If you're not in the actual act of driving, and you've positioned yourself in a way that causes no danger to other drivers and to property, how can you get an actual DUI? But from a cop's perspective, how did you get into that position to begin with? You probably/likely/certainly did drive to get to that position, or it was surely your intention to drive. Not to mention later waking up and attempting to drive while possibly still drunk. The cop says you've made a choice, the incorrect one, and need to pay for it, based solely on the optics. Either you did drive drunk, or it was your intention, or you were going to after a nap.
Which is how, in true Florida Man style, we've had a lot of people arrested for DUI while riding tractor mowers and even bicycles.