It is sometimes hard for people to tell when they have had enough to drink to be over the legal limit. However, when they do, they run the risk of facing DUI allegations if they drink and drive. Sometimes it can take as little as a drink or two with dinner to expose a person to the 0.08 limit. Sometimes, however, police wrongly believe a person is intoxicated.
Police may administer field sobriety tests on a person that they stop for a reason other than drunk driving. During a routine traffic stop, if authorities suspect an individual may be under the influence of drugs or alcohol, police may request that a driver submit to these tests and possibly also to a blood alcohol test. Failing a field sobriety can lead to an arrest for suspicion of DUI, as one state politician recently found out.
On Thursday, Jan. 19, Michigan Representative Bob Genetski was stopped for an expired license tag and speeding after leaving the state of the state reception at Michigan State University in East Lansing. Upon being stopped, he was given a field sobriety test, which police say he failed, though the details of the tests administered were not divulged. He was arrested at the scene. In addition to a Breathalyzer test administered at the jail, Genetski also submitted to a blood draw. The representative’s attorney said the breath test registered below the legal limit.
Police have not yet released the official results of the blood alcohol test that the representative took at the police station after his arrest. He will not be charged with a DUI until the results of his blood draw are returned from the lab in approximately one month.
Michigan police take drunk driving very seriously. However, they are not always accurate in their suspicions. Similarly, field sobriety test are not always administered properly, which may cause some people to fail them. It will be interesting to see what happens in this case when the blood test results are complete.
Source: WOOD TV, “Genetski arrested for impaired driving,” Jan. 20, 2012