LAWYER: 3 Tricks DWI Cops Are Using To Make An Arrest!

Can police arrest you for DWI and you were never driving? What if you cooperated with the cops and blew under .08 on a DUI breath test and they still arrest you? Is this legal? What if cops try to arrest you if you were only drinking AFTER you were driving? Let's look at 3 Crazy Ways Cops Can Charge You With DWI and what you can do to protect yourself!
❗️DISCLAIMER❗️
This is not legal advice. I AM NOT YOUR LAWYER. Sorry! All content provided is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
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[@kikastra]

Cops who use technicalities to charge you, prove that cops aren't there to protect you, but to collect from you.

[@mize30]

If I was on his jury I would NEVER convict this guy who did everything right. He should be praised for doing the right thing. The officer is a disgrace !!!

[@texdevildog9174]

DA will drag the trial out of a year, so if the person doesn't plead to a bad charge, they will attempt to bankrupt the person.

[@johnzuggster375]

In my opinion, small town Texas juries are rigged, I have first hand knowledge of this. Where do you ever find a person who has sat on a jury more than say, twice in their life? How about a dozen or more times? These DA's have a very big pool of go to bootlickers that bragg about giving guilty verdicts Everytime!

[@sypherthe297th2]

That's 95% of cops. The other 5% are either driven out of the profession or killed by their fellow "officers" for refusing to be criminals.

[@jupitercyclops6521]

Same here. I hope you aren't one who tries to get out of our civic duty. Sadly, it's pretty easy to get out of if you use a little sense. This often leaves us with jurry lacking sense.

[@bikkiikun]

Not just a disgrace, but a Criminal who should spend the rest of his pathetic life in prison... tossing salad.

[@islesanctum833]

Rule number #1 NEVER ANSWER THE DOOR TO COPS.. NEVER

[@markunavail8510]

If you called them then open the door but if you didn't never answer the door or even say what do you want period !!!

[@kittyhawk7060]

@@markunavail8510 People who have called the cops for help have ended up being killed by the cops. Don't trust cops. Don't call cops.

[@lonewolf5238]

And just for shits and giggles, call 911 and report suspicious characters trying to break in.

[@bikkiikun]

Never forget the fact, that it's not the Police's job to fight crime or to "serve and protect". Their job is to make arrests, regardless of guilt. And mind you, knowing a person is innocent means it's so much safer for cops, than to fight actual crime.

[@robertsteinbach7325]

In essence, an arresting machine. Innocent naïve people are easier to fish for information to arrest them.

[@brentfarvors192]

This proves the do in fact "serve, and protect"; THEMSELVES, and their masters...Police are simply the hammer that the rich use to keep everyone else below them. The practice is jist as or more pronounced under a communist dictator. Police are the direct result of primitive mammal behavior, in which "greed is good", because it grants privilidges to their own genetic offspring, through control of other people through wealth...Our current status quo is a direct result of policies put into place by the elite 10-15 families, that set both monetary, and public policy. "Democrat/Republican", are the same exact thing; 2 wolves deciding on dinner...They are allowed to continue unabated because most people are stupid...

[@AbNomal621]

Better way of saying this is that cops are the whores for the pimp called a prosecutor.

[@CaneBTC]

That's correct, and why it's never smart to say anything other than your ID details.

[@colemangray]

I didn't understand this until I was in my 40's. Police don't solve crimes. They assign blame. And they look for the easiest person to blame.

[@RickMcCargar]

Any cop that would arrest a man for sitting in A/C while waiting for an uber that shows up, is a an unethical cop. He should lose his job.

[@selfdo]

You, sir, made the mistake of ASSuming that law enforcement is anything about ethics or morality. It should be, but it's about enforcing the state or municipality's interests, primarily in mulcting monies from its citizens beyond the already heavy taxes they pay. The cops have become nothing but badge-heavy enforcers and fine collectors, they don't give a damn abput "public safety", until there's promotions or kickbacks involved. And don't kid yourself that cops don't get kickbacks from the tow companies when they haul off some DUI arrestee's ride, or from the "alcohol counseling", vendors of ignition interlocks, ankle monitors, and so on. Prison-Industrial complex, but at the misdemeanor level. Just wait until they criminalize farting in an elevator, I'll get the "chair"!

[@RickMcCargar]

@@selfdo Dear anonymous guy. I didn't make any assumption. It was you who put those words in my mouth.

[@gfy2979]

Cops are homosexuals

[@taylorlibby7642]

You coulda just said "cop" and we would all have known the "unethical" part.

[@obijuan-]

Bubba, they are ALL UNETHICAL AND CAN'T BE TRUSTED.

[@bpdmf2798]

Any cop padding his stats with a DUI arrest for somebody waiting for a Uber is a huge POS and deserves REDACTED

[@daemoncan2364]

Many of these LEO's are only interested in making quota, or looking for a feather in their cap. Your life & reputation mean nothing to them.

[@taylorlibby7642]

DUI's make a HUGE amount of money for the government.

[@newelllondon724]

True, if a judge rules in your favor the court get $0 dollars If they rule against you they make thousands of dollars

[@JamesMoore-jc7he]

​@@newelllondon72418:12

[@warrenwinston9803]

@@newelllondon724 If you go to trial - Officer is paid / DA is paid / Judge is paid / Your attorney is paid / Bailiff is paid - they really don't care

[@jupitercyclops6521]

That's true, but trial with a guilty verdict and they make even more because of court costs, fines & fees, parole officer industry gets in on it, AA classes, and their good friends at the insurance agency gets to extort you (fascism), and I won't go into the extortion of incarceration. It's true, every false arrest is job security, but Guilty pleas & guilty verdicts is even more job security.

[@Squad56Ladder4]

And that's all the state cares about.....Money.

[@frostyab7579]

these days,cops will claim you were "operating" a vehicle when you unlock the door

[@PackMan97]

The general rule I had heard was "key in the ignition". Even if the car isn't on, but the key is in the ignition, that shows "intent"

[@JohnSmith-zi9or]

@@PackMan97 Many cars today don't have ignitions by key.

[@PackMan97]

@@JohnSmith-zi9or Another good reason to stick with my 2003 ;)

[@notsure7874]

@@PackMan97 Just being in possession of the key is enough for them.

[@joecummings1260]

Can you imagine working on or washing your car on a saturday and having a six pack with your buddy, and having a cop arrest you at your house. When I was young, that was a typical Saturday afternoon activity

[@MikeEWard]

Jury should have stipulated the cop reimburse the first guy for all fees.

[@BlackhawkPilot]

I had a friend who left the Officers Club when it closed and went to sleep it off in his car. The MP charged him with Drunk Driving because by sitting in the drivers seat he “had intent to drive”. Lost his career.

[@fredsamuel6627]

I got nailed the same way when I was in the navy

[@johnrhodes101875]

that's the kind of crap that may make some people do crazy crap if I was an MP pulling that crap Id worry it takes a sick person to f%^*& up someone's career like that

[@Skank_and_Gutterboy]

@@johnrhodes101875 Yep, and after the guy is kicked out, you have to worry about showing up at your house to deliver some payback. That possibility goes up exponentially when the guy was railroaded. I could never be an MP or cop, that's a job where you can't have a conscience.

[@stevepreskitt283]

And not just his military career - an OTH/BCD can screw you later in the civilian world too.

[@aaadamt964]

​@@Skank_and_Gutterboyutility. Actions for their consequences? Who would've thought...

[@danielpalmer643]

So the cop who did that has undermined faith in the justice system. What a jerk. The kid was doing the responsible thing, so you ruined his reputation and punished him. Hateful.

[@mypov8028]

Yet the cops feelings get hurt because we don't trust them. What did this cop gain other than just proving he's a prick?

[@carl-gunnarhillefors7612]

HE GETS A STAR IN HIS POLICE CV! THEY GET $$$ AFTER THAT INCIDENT! D O N O T DRINK ALCOHOL!

[@frankvandalen6524]

Whoa!!! If I get this straight, he was still on private property where the jackal didn't have jurisdiction. Or am I mistaken?

[@johnrhodes101875]

@@frankvandalen6524 and he was in his car not drunk out in public ...hummm law suit Id damn sure try make that little pick come to court so a judge could make fun of him

[@tugmeboat]

Don't forget the prosecutor and possibly judge that went along with it.

[@Carl_McMelvin]

Road pirates, enemies of humanity.

[@arinerm1331]

Steven shouldn't have been convicted because the state couldn't meet its burden of proof, especially where **intent** is concerned. As a matter of fact, his calling a Uber for his trip home positively demonstrated his lack of intent to operate his vehicle at that time.

[@newelllondon724]

Here’s the reality Judge acquits him the court makes $000 dollars The court convicts you, it’s thousands of dollars

[@peterrose5373]

you are mixing up "operate" with "drive" again. If the engine is running, you're operating the machine. Is the standard stupid? yes. Is it the standard? Also yes. The reason that IS the standard is because otherwise they'd have to wait until you actually started driving, And that means accidents, which is also stupid.

[@richeyrich2203]

@@peterrose5373no person should be arrested unless they actually break a law. Not create laws that are unreasonable in order to prevent people from getting that far. Any person who operates but does not drive a vehicle should not be arrested. Only after showing intent to drive should one risk an arrest. The only way to actually know if there is intent is if they start driving. Or they state so. Otherwise, there are many non-driving operations of a modern vehicle that an intoxicated person can safely operate. Many people have stayed alive thanks to the non driving operations of a vehicle. In no way is it reasonable to make it illegal to have non-driving operation of the vehicle. It’s really just to support the incarceration industrial complex and money farm for agents of the state.

[@zatoth13]

You are mixing up not being a jerk with wanting to get a bonus for reaching their quota and MADD trophies for being a jerk.

[@markejackson148]

Perfect example of an over zealous LEO with no common sense.

[@Xpurple]

Good to remember. People have been arrested after blowing a 0.00.

[@dudetocartman]

There was a well known one recently. He blew a perfect 0.00 and still got arrested. They even asked him about using cannabis. He couldn't use it because of him being on a team, if he did, he be kicked out.

[@jessederks8458]

Yep, and if you do sometimes they change it from "I smellz teh alcoholz" to "You be smokin' the jazz cabbage" kzbin.info/www/bejne/sJq7inusrbxsisUsi=Wyji48CDKzqq4mTE

[@Isaac_132]

Aaron Cash. Blows 0.000 ten times on three different machines and gets arrested and charged for DUI alcohol.

[@cherylgraves2660]

Whaaaaa?

[@Xpurple]

@@cherylgraves2660 : Right? Yeah, it’s a thing.

[@ryanryan1583]

One thing you failed to mention was, the federal government (DoJ) has programs that provide additional funding to state and local governments for the more DUI arrests (not convictions) police make. So it's in a police departments best interest to have as many DUI arrests as possible to qualify for that free funding. As a result, a lot of police departments have contests, awards and special bonuses for the cops that make the most DUI arrests (not convictions). That's why you see stories about completely sober people being arrested for DUI. It pads the arrest numbers for free federal money and the cops have qualified immunity that protects them from civil litigation so they don't care if you are innocent and released by the DA or found not guilty. Cop pays no price for the arrest and in fact, most times, gets an award

[@MikeS-7]

I think this is dirty. DUI is DRIVING UNDER THE INFLUENCE, not sitting in you car parked. The law needs to be changed. If police want to know why they are neither liked or respected it is because of officers like this one. The guy had an Uber in route and the dirty officer flagged him away. I would also say using deception is another reason police are neither liked or respected.

[@Accumulator1]

This seems to be a common situation where a cop stalks a night club waiting on patrons to leave then target them for some intoxication offense. This probably was not the cop's plan but was planned maybe by the head of department or by complaints from city officials who feel the business is a bad influence upon the community.

[@selfdo]

@@Accumulator1 Probably the club's owner wasn't "kicking up" enough to the city councilmen and mayor. That's typically why the cops will harass exiting bar patrons.

[@kenfritsch8749]

Or trusted

[@user-kd5ms3pu7v]

How can you respect someone who lies?

[@YT-User1013]

If I were on the jury I would NOT side with the officer.

[@hughwhitledge8032]

I have Multiple Sclerosis. What the police call a "field sobriety test", the Neurologists call an "Evoked Potentials Test". I can't pass either one even cold stone sober.

[@seanharvey1124]

I know how you feel. I have MS also. No way can I walk a straight line totally frigging sober. I can drive but walking is another thing.

[@selfdo]

@@seanharvey1124 Although both you guys with MS have ample reason to be excused from an FST, you needn't justify why in the first place. No matter how much the cop berates you and outright LIES that it's a "DUI refusal", (it's not, only the post-arrest calibrated machine, aka the "Intoxilizer 9000" is what you have given "implied consent" to perform), you are not required to do them. Hint: If the officer already has probable cause for a DUI arrest, then he doesn't NEED the FST, so you're doing well won't help you "pass" (no one EVER does, they're rigged to "fail" virtually everyone, that's a reason why they're not admissible as evidence of intoxication), if he lacks probable cause but arrests you anyway, not only is the chance of getting your case dismissed or prevailing at trial typically excellent, you may have a cause for action against that officer's state or municipality for damages.

[@mypov8028]

Never tell that to a cop. People say that a lot. How do you think a cop is going to prosses that?

[@user-fk6wl9mq1f]

For me I had a Tia event also known as a stroke. It has completely made it to where my balance is always off. I got my mental faculties intact so I am ok. Also since I don’t drive I can never be convicted of a dwi. My favorite thing about these KZbin videos is I am always learning what I should always do. It is a great way to be aware of all the ways a person may get tricked by police.

[@rjay7019]

My friend got cut off after 1 drink because the bartender thought she was drunk it was her MS.😮

[@mattkase6644]

If the police knock on your door, do not answer it, and do not speak to them. If they have a warrant or exigent circumstances they're coming in anyway. If not, they will eventually leave.

[@whiteorchid5412]

I was once falsely arrested for DUI after performing all the field sobriety tests flawlessly. I spent a night in jail, had my car impounded, driver license suspended, and had to hire an attorney. I later discovered the two police officers blatantly lied about everything on the police report. The case was eventually dismissed when my blood test came back 100% clean. I then filed a small claims court case against San Diego county for all the related expenses I incurred and won. But that bad experience made me much more street wise when it comes to dealing with police who often may have all sorts of hidden personal agendas.

[@MisterMikeTexas]

As for the guy in his home example, he should have confirmed that there was no warrant. Then, he should have refused to step out of his house or answer questions.

[@dl200010]

The guy at home doesn't even have to answer the door. If the cops don't get a response, then their "license" to knock and talk is gone and they must leave and cannot stick around to search the area around the home.

[@props-model-shop]

Cops sure have changed (not for the better) over the years. A group of us as teens in the 70's where caught with beer in the car parked at a local store. The cop could see most of us were really drunk. After finding one person in our group that was sobber enough to drive, he made us pour the beer down the street drain and let us go.... If that had happened today, I'm sure the results would be......

[@rockymntnliberty]

The example of The guy waiting on his uber, illustrates just what kind of jackbooted thugs we have as officers in many areas. Any reasonable rational person with a conscience, would have allowed the guy to get in his Uber and leave, and perhaps even thanked him for being responsible. But no, this jackbooted Thug was more interested in getting an arrest than seeking justice, or serving and protecting.

[@M0rchaint]

"Fishing Expedition" is the kind way of saying "Legally Authorized Lie". That the law allows it doesn't make it moral.

[@mikefightmaster]

DWIs make lawyers a bunch of money. Some drive-thru employees call police if they think the occupants have been drinking.

[@selfdo]

Dont' tell me, let me guess...those jurisdictions offer a "BOUNTY" for reporting "drunk drivers", right?

[@warrenwinston9803]

Lawyers are behind many of the lower levels & increased punishments because that's very good for business.

[@newelllondon724]

True during a citizens academy we visited the lock up at a local municipal police station They had one massive binder with all the DUI lawyers names It’s a money making racket

[@JohnSmith-zi9or]

It just ins't drive-thru employees. Talk to friends in the food service industry and they will tell you that they've heard about certain servers or bartenders who tip off the police who has been drinking for kickbacks. Once that information gets out to the public, the place usually goes out of business. It happens.

[@mh_golfer]

When I was in my 20s I went to a party and got plowed. I didn't want to drive home, and it was cold, so I started my car, turned on the heater and slept it off. The next morning a cop approached the car and I told him what I was doing. He told me he could arrest me for DUI for just being inside my car. Luckily, he didn't pursue the matter but i always thought it was insane that I tried to do the right thing and could have been arrested for it.

[@robertmott-smith433]

I think police ask a bunch of seemingly innocent questions to get you responding without thinking. Once you realize where the questions are going, and don't want to talk, the cop will say "How come you are not answering? Are you lying to me now?" Never talk to the police. I mean conversations.

[@Bane-zd5mt]

Sounds like a bike cop. They’re some of the worst ones to deal with.

[@richprich]

Never ever speak to government

[@joeldriver-sp2rg]

The problem was he had the window rolled down and talked to the cop. There is not one good thing that has ever come from talking to law enforcement, not one. Don't EVER talk to police. Once he told the cop he had been in the comedy club that cop now can claim he probably was drinking. That cop is a complete disgrace to the badge.

[@jamesbeecher4431]

A friend of mine was the foreman on the county grand jury for a little while. He told me that the city police brought a case of DWI against a man the police found sleeping in his car in a bar parking lot at 3:30-4am This was January in Up-state New York so COLD. He had the car running and the heat on to keep warm. So, in the police's belief he was in control of the vehicle. The GJ threw out the case.

[@MrWetnutz]

Client wasn't operating a vehicle, client was operating an air conditioner.

[@206rammanfu]

This guy is spot on about how cops are saying and doing everything they can to get probable cause to arrest you.

[@driptip22]

I hope the jury looks at the intent. The officer acknowledged that he waived off the Uber, meaning there was evidence that the man was not going to use the vehicle

[@mattbarrett41]

In other words, never speak to police. Sit down, shut up, and don’t comply with anything

[@virgilcaine3291]

Cash cow.

[@alb12345672]

An arrest is almost as bad as a conviction. Umbrella policies will not insure you even if you were arrested. Even if found not guilty.

[@richeyrich2203]

Though arrests are easier to expunge than convictions

[@brooksbarbee6433]

Not true in North Carolina. You must be convicted

[@ronniebuchanan6575]

We live in a military state period.

[@alb12345672]

Some guy in the neighborhood ran over a mailbox with a 4 wheel lawn tractor. Got convicted of a DUI. Blew over twice the limit. It is a motor vehicle and he was on the road.

[@joeblow5087]

A person with severe arthritis will fail the field sobriety test when sober. It is much too painful to walk without a walker or cane.

[@erictaylor5462]

I once spatted a car driving erratically. When I gave the dispatcher the license plate number number she said, "Wait, that's a cop car." I told her I could see that it was a cop car. I honestly did not believe the cop was drunk, I thought he was in trouble medically speaking. The dispatcher asked the cop to pull over, stating that the car behind him needed to speak with him. So the cop pulled over. With 911 on speaker I walked up and asked him if he was okay. And when he answered I could smell the alcohol quite clearly. The dispatcher already had LEO's on the way (CHP) so when I asked the cop, "Man, have you been drinking?" this was a signal to the dispatcher that I could smell alcohol. About this time the CHP rolled up and I thought they would take over, but for whatever reason the CHP wanted me to perform a citizens arrest on the cop. Looking back this was a really stupid thing for me to do, but I still trusted the police at this time. The cop ended up pleading guilty (I think he was 3 times the legal limit) so I didn't have any liability. But I effectively pulled over a cop and performed a DUI arrest on him. While it was cool at the time, it's not something I'd ever want to do again. Apparently this particular cop was a problem and they were looking for a way to get rid of him. I just provided the way.

[@aaronvoss38]

I'm not saying you're lying... But that story is about as believable as the aliens in las vegas

[@Sunstar808]

The biggest problem with Steven’s case was the cop knew he was telling the truth about the Uber when the cop sent the Uber away. The arrest is contemptuous and the cop should be disciplined beyond the verdict.

[@charlesbaldo]

A friend of mine was arrested for DUI in a private bar parking lot waiting for his wife to pick him up. The bar was closed and it was 8 degrees and he was running his heater. Hired the best DUI lawyer and got off. All it cost him was $4000 in legal fees 😮😮😮

[@johngrimkowski598]

I've been down that road it's a damn shame.

[@robertsteinbach7325]

Only $4000. That good. Could be worse.

[@charlesbaldo]

@@robertsteinbach7325 I told him same thing. But he still felt like he was screwed

[@charlesbaldo]

@@robertsteinbach7325 I told him same thing. He still felt F***d over

[@samcook3909]

If they come to your door. Don't answer it

[@stacky512a]

Some cop comes to your door to investigate something DUI related? Answer the door with a drink in your hand. You “just started” drinking…can’t touch you.

[@robertsteinbach7325]

Now I get it. Get called to jury duty. Don't volunteer answers. Keep your month shut as much as possible. Get on a jury. Do justice.

[@neuralwarp]

We should force cops to PROVE they genuinely suspect a crime.

[@victotyorvalhalla]

Thank you for this invaluable information ❤

[@hamptonlawfirm]

Most welcome 😊

[@jmoneyyy9589]

@@hamptonlawfirmcould exigent circumstance be smelling weed from a residence? I live in an apartment and as soon as you step out it’s a small 4x4 corridor that leads to a door outside. Whenever I smoke, the corridor starts to smell and the cops were walking past one day and noticed. I know i shouldn’t have answered the door but I felt like I was caught and tried to do anything to lessen the blow. I live in Kansas at the moment and it’s not legal at all here so would this fall under exigent circumstances?

[@kamilegier4730]

There is no incentive or benefit to doing the right thing. Also, when the innocent are treated the same as the guilty.

[@selfdo]

The process has BECOME the "punishment". You're still in for a bad time even if acquitted. Does the cop EVER lose? Hardly, that's why so many bogus arrests.

[@obijuan-]

If you don't cooperate, If you are home or inside, and the cops come to the door. 1) STOP. 2) DON' T OPEN THE DOOR. 3) Even with the door closed, DON'T TALK TO THE POLICE. You are not required to open the door or talk to the police. If you don't bow to their authority, then you are a threat and hurt their feelings. You challenge them in their minds. The safest thing you can do, DON'T TALK TO THEM. Give them nothing. There are two things that you can depend on about cops: 1) They are not your friend and not here to help you. 2) Anytime the police don’t have something on you, they are working to have something on you. So, Don’t Talk to The Police.

[@ZIGZAGBureauofInvestigation]

Bars-public/Sporting Event Must Stop Serving BOOZE of anykind. [IF] your Not Driving [No] Law broken. We have a Right to Shelter Ourself in Our Cars & the use of AC/Heating systems.

[@MrRaja]

Yes you are... But if you talk you incriminate yourself therefore you give up on your right to shelter yourself from the deadly heat outside... If you make the cop flabbergasted and waste time the heat will get to him and hopefully get him to pass out so you can just drive away. 😅

[@Carl_McMelvin]

You require IMMEDIATE institutionalization. What an asinine comment.

[@dudetocartman]

That did happen once long ago. The 18th Amendment made that happen. But then the 21st Amendment repealed it.

[@tomnisen3358]

The Supreme Court has ruled that they're not obligated to protect us!

[@rick1712]

I grew up with cops and I was always told that a Cops Job is to put people in jail! Period. They do not care about the circumstances. I was arrested for admitting I had a drink, I passed field test and my tox level-0.03. I won the case but it took me 2 years to get charges dropped. Legal fees = 10k. Never admit to drinking anything, not even water. Cop said - you said you had been drinking-you go to jail. Cops are not your friends. I again grew up with several cops and even though they are my childhood friends, they have told me that if they ever pull me over-they are not my friend.

[@dancerelizabeth63]

I don't know how I came across your KZbin channel but I really appreciate all your good advice to give to us civilians and it is great advice so thank you very much. I am now subscribed.

[@rg1whiteywins598]

What do cops get out of bothering people like all these cases you speak of when there are horrible crimes they turn a blind eye and deaf ear to 😢 ?

[@MisterMikeTexas]

Making their quotas easily, thanks to all the low-hanging fruit. The more serious crimes are much more dangerous, Uvalde being a good example.

[@goatkiller666]

When I lived in Cali, so 1990 give or take a couple years, I got a speeding ticket, but by taking the state’s mandatory training thing, it would not get onto my record. The class was taught by a retired CHP officer. His advice was that if you were driving drunk, and then have a you vs. the environment collision (so no others were potentially culpable, but also no others were injured), to go into the nearest roadside store (e.g. - 7-11), buy something alcoholic, keep the receipt for later, and then drink as much as you can. He suggested beer, not spirits. But a cop arrives, lights on ‘cause there’s an accident. He can testify that AFTER the crash (as proven by the receipt you kept) you drank some alcohol. So whatever alcohol level you blow, there’s no way to tell if it was before or after the accident. Me personally, if I were a judge and/or jury, I’d assume that this trick is in itself of mens rea. But I am neither a cop nor a lawyer.

[@perryantonucci5071]

in Alaska a dui was dismissed, holding citizen had the right to the "comfort shire" of his car , running the engine and heater but not driving ..

[@misterknight3901]

This is why I have a problem with the entire justice system. In the military generally (not always) we judged by understanding the intent of the law, regulations. Not how we can exploit it to get what we want. In fact, if it is found that a senior person charged an individual for a disingenuous agenda, it can go very badly for the senior. Well, it was like that when I served. This cop in Dallas already gets paid to keep the peace. He notices a man doing the right thing by waiting for a ride while intoxicated. I stead of keeping him company and helping, he destroyed his life. That is evil, and the cop, the DA, and judges, needs to face the piper. All three are exploiters for greed, Mammon, even though they are already paid by tax dollars.

[@samfadi8716]

Not justice system but legal system. There is barely any justice in this system especially if you can't afford it.

[@cmack3625]

Sit in the passenger seat with the car running. But once the Uber pulled up, proving he had no intention to drive should close the case.

[@thesparkster]

Take a lot of deep breaths to clear out any sitting alcohol in the lungs as you drive and keep all windows open to keep the odor of alcohol to a minimum if you are pulled over. Beep breaths helps to sober you up a bit by allowing some alcohol to escape in your breath. Keeping the windows open prevents that hot-boxing effect if they are closed and only the driver's window opened.

[@stevegreen2432]

I often wonder if there is anyone in the USA that has NOT been arrested????

[@jameseldridge4185]

I live in Tarrant County. Texas. Thank you

[@MisterMikeTexas]

I'm in the H-E-B area myself.

[@EluviumMC]

It's called "Driving While Intoxicated," not "Operating while intoxicated," but states have made it easy to generate revenue by using the overly broad definition of "operating" in their codes.

[@MikeS-7]

This is why the police are neither liked or respected.

[@MisterMikeTexas]

That's the idea.

[@lordofmud]

In Ohio it is called OVI. DUI is a separate charge.

[@johnrhodes101875]

I just read that ovi and dui are both the same and one is no worse than the other lol BS

[@tekminute]

And that’s why I don’t engage with cops if they can arrest you they will not talk to you…

[@TXVETJEB]

That cop should have wainted until the Uber got there and sent that man on his way. The guy was doing the right thing. The cop was an ass, and they wonder why people hate cops.

[@ryanryan1583]

Can you imagine what policing could look like today if police spent half as much time learning and understanding the Constitution as they do learning how to manipulate people into arrests?

[@phlodel]

I lived a short distance from 2 bars. I was confronted by 2 cops in front of my house while retrieving my lunch box from my vehicle. I had been drinking beer after a long day int the heat. If I had the keys in my possession, I was going to be arrested. The cops searched me, my little motorhome and the ground all around for the keys. Luckily, the keys were in the house.

[@lonewolf5238]

They did not have the right to search you or your property. That was a 4th Amendment violation. Get a lawyer and sue the bastards. There are always a few good lawyers who would take the case pro bono ------- EDIT: I am of course presuming you live in the USA

[@chuckdeweese5783]

And…. Never answer the door. They are concerned only with charging

[@libertarian1637]

“More likely than not” wouldn’t be enough to attain the level of “probable cause” or “reasonable cause to believe a crime was committed”, at least in NY. Though more likely than not is a good explanation of “preponderance of the evidence”. As a LEO and drug court officer I’ve dealt a lot with drunk and drugged drivers and the most people talk themselves into the arrest. Just as a side note a portable breath analyzer can be used in court, at least in NY, to demonstrate a preponderance of alcohol consumption, though it absolutely doesn’t hold the same weight at a station breath analyzer; we would as standard practice calibrate the portable unit at the start and end of a shift, the station unit would be calibrated before and after a every test. As a LEO I’ve given a lot of field sobriety tests and would never participate in one as they’re too subjective. I’d also point out that a CDL comes with lower standards than 0.08%, especially when a commercial vehicle is being operated. One other thing to note, in NY, a test over 0.08% is an automatic DWI suspension; while a refusal is also a suspension offense it doesn’t in and of itself demonstrate guilt and ultimately will end automatically after the suspension period. A DWI suspension is different and will extend from the date of the sample through the trial process and beyond the verdict.

[@CaneBTC]

In my country if they catch you drunk in the car and the engine is still warm, that's it - jail.

[@johndoe-ss9bz]

God Bless Jury of Your Peers!

[@luckspell]

They locked me up for 2 years until I said I was guilty for something I didn't do

[@shannonwade1668]

These are the sort of stories that erode the people’s trust in the police, getting arrested for being a responsible citizen.

[@stacky512a]

Two take aways. Shut up, don’t talk and refuse the breathalyzer. Courage up, and make them prove it.

[@seashackf1]

The problem with letting the justice system decide is it cost him $$ thousands, never mind the time and stress, to prove he was innocent and doing the right thing. The fact that the prosecutors office also pushed it to trial is infuriating.

[@joemoore7637]

I was told Parking Lots were Private Property. How can they do that if u weren't on the Highway?

[@richeyrich2203]

They are private property. But they are also public access. So there is some grey matter there

[@bobbyh34]

The cops in Russellville, Alabama will arrest you for DUI while using a riding lawn mower in your own yard. As far as I know it's not illegal to be on a riding mower on your own property while drinking a beer. They will also knowing you are drunk and on your property if you have your car keys in your pocket they will arrest you for DUI even if you never drove anywhere....

[@Kabul75]

A man was convicted of DUI pf driving a kid's moped around the christmas tree in the living room. Wife got angry and called the law.

[@williamowsley9771]

Cop "Where did you come from?" Driver "My mother's womb." Cop "Where are you going?" Driver "That's a good question. I think we should all ask ourselves that."

[@lornenoland8098]

Letter of the law vs spirit of the law. Thank goodness we have juries

[@kennylynch8575]

if a officer accuses me of being drunk I always request a blood test

[@ketapillar]

I had a friend get nailed for a DUI when he was a passed out passenger and the DD stopped by a gas station to get gas/drinks/snacks and left the car running with the AC on. He did get a lawyer but still wound up on probation.

[@mattthompson9826]

Cops are out of control!

[@Matlacha_Painter]

So , next time you’re driving drunk, don’t be so drunk that you can’t remember this advice.

[@Sarge395]

Always start police interactions off with the thought 'he or she is trying to destroy my life' and go from there. Has helped me and my circle out more than once. Always record, get a dashcam, state you want a lawyer before any questioning and shut up

[@kittyhawk7060]

Let's rehash what this lawyer said about Pennsylvania. In the state of Pennsylvania, USA, you can be arrested for DWI if you drive home totally sober, not having any alcohol before driving, and settle down for a restful evening with an alcoholic beverage when a cop comes to your home and has you take a breath analyzer. Based on his "opinion," whether you test lower than .08, he can arrest you for DWI. That should be criminal. How many people drive home in Pennsylvania totally sober and have a drink at home? More than likely hundreds of thousands. Maybe millions. How in the world did that become a law? Welcome to your police state, Pennsylvania.

[@DanceGeekRob]

Let’s not forget also that getting arrested and having your car towed will lead to many hundreds of thousands of dollars in costs to the owner.

[@carynvanwyk]

My brother traveled for his job and was pulled over in Georgia and given the test. His reading is 0.8 and he has been trying to get his license back for over 14 years but the state of Indiana refuses to give it back to him. It was the only DUI he ever had.

[@pmsteamrailroading]

And police wonder why people call them pigs.

[@1014p]

I use to have a positive view of police. Now unless it’s them at a scene of an accident or addressing a crime in progress. I keep my distance. See them on the road I make darn sure there is text book driving down to the speed limit. I normally do anyway but extra diligent in such case. Not one police encounter I have had yet did the cop have a reason to interact with me be legitimate. All cases either made up or no reason and looking for anything in the car by windows.

[@lonewolf5238]

I know, and what an insult it is...to honest pigs everywhere

[@reedewillson7289]

DON'T sit behind the wheel , in a situation like this , sit in the passenger seat. DON'T talk to LEO'S.

[@Accumulator1]

Rule #1 never talk to cops. I think his mistake was telling about waiting for a Uber. Wasn't his vehicle on a private lot owned by the club? If so, does it give less rights for the cop? If the cop asked for ID at this point would Steve be required to show any, especially if on a private lot? That is would Steve have bern better off if he totally ignored the cop including refusal to give any id?

[@selfdo]

As for the vehicle still being on private property, nope. The law makes no such distinction. Hypothetically, you could own a large enough ranch to go dirt biking with you and your buddies. Since the cops can pass into "open fields" on your land, they could, if you'd been raising your personal "octane" with a few brewskis, stop and investigate for DUI. on your PRIVATE property, operating an off-road vehicle, and if you met the same conditions as if they'd stopped you on the highway, smelling like a brewery and "now deputy, I not so think you drunk as I am.", you'll be arrested for DUI. The attorney likely has had a few cases like this! Not only does the DUI liability extend to private property, but the officer also had the right to enter w/o any warrant, even if "no trespassing" signs are prominently displayed, due to the "plain view" and "open fields", or "public access" doctrines. Simply put, he most certainly can enter private property if he's got reasonable suspicion that criminal activity is "afoot", and he can also do the "knock and talk" on a person sitting in his parked vehicle.

[@richeyrich2203]

@@selfdoI’m not sure about that. If any person can operate any vehicle on private property regardless of age and license, and there are no vehicle codes or traffic laws, then there are also no DUI laws either. It’s not that it isn’t happening, it’s that police can’t enforce law that pertains to the public on private property without a warrant to do so.

[@Brotherjc26]

My dad told me in his day the cops would take you home if you were caught drunk driving. Only reason they take it so seriously now is because of all the innocents killed at the hands of a drunk

[@tomeauburn]

It's true. Used to give a lot of latitude but now it's fund raising and award for arrests. Doesn't matter if most don't get convicted. State still got their money, tow companies share with cops and in Phoenix the cops directed people to a certain lawyer and cops got paid not to show up at trial

[@mentalimbalance6808]

Great job articulating those strategies and rights. People need to grow a pair and exercise those rights.

[@tomeauburn]

How can you not pay all the fees if the cop refuses a station DUI but forges you to take a blood test that take months. So far no one has given a response.

[@PtylerBeats]

Any time a cop phrases a question like, “Do you know we got a call about your erratic driving back there?” My knee jerk reaction is always, “How could I have POSSIBLY known that you got a call and exactly what was said on that call?” What a ridiculous question. It’s the same as “do you know what I pulled you over?” No. I’m not a mind reader. I’m not going to play a guessing game with you

[@Mungo109]

A police officer that woiuld do that is unfit to be a police officer.

[@fasturdbucker5443]

I hate when cops don't give a crap. Knowing it's questionable but tell you to go to court and prove you're not guilty

[@EverettVinzant]

Stephen was sitting in his car, with the air conditioning on, with the window rolled down, in Texas heat… When all of sudden the story fell apart…

[@jj-yj6ot]

i think we need to VOTE OUT YOUR LAW MAKERS. they allow this crap to go on. we do not need laws to enable officers to be corrupt. we need laws to protect citizens from corrupt officers.