Warning: Little known "Driving While Impaired" law can put non-drinkers in slammer (Phoenix: apartment, houses)

[Rick Lee]

This is all the more reason to refuse ALL field sobriety tests. The cops are only collecting evidence against you, not seeing if you're ok to drive. Once they've asked you to start the ABC's, they've usually already decided to arrest you and just want some more evidence on their dash cam for your court case. You have to submit to a blood or breath test, but they have to have probable cause to make you do that and once you start the field sobriety test game, you'll end up giving them probable cause. Keep your mouth shut and refuse everything except that on which your license hangs.

[cmist]

Wow, it sounds like a way to cover their tracks if they arrest you or inconvenience you under a false assessment of drunkenness/impairment.

If anyone read my Casino AZ saga thread, this is what happened to me. I was begging for them to give me sobriety tests to prove I wasn't lying and so they didn't force me to leave and take a cab home... but they wouldn't do it. It was based completely on the fact that I was struggling with the ATM machine, and as Rick Lee says, once they set their sights on starting the process, there was no turning back no matter what they found out.

Testing me in that situation would have shown them to be 100% wrong in their assessment of my intoxication. Now I see this law has changed and opened the doors to anything and everything the officer deems as impaired, so even anger would qualify.

Cowgirl, since you have law enforcement relatives, I'm curious what would have happened under the old laws if they detain someone under an intoxicated charge but subsequent tests reveal they were not? Could this have been occurring to an extent that they felt the need to widen the spectrum to cover their @sses?

[R_Cowgirl]

It's not so much that they've changed the law all that much -- they are just finally using it. Sorta like how they used the tax laws to get to Al Capone when they couldn't get him on anything else. Every state is different. My ex was in a different state, so I don't know about AZ. All I know is the first call should be to an attorney at this point.

Again, I'm not saying I want impaired people on the road. I don't drink when I'm out if I'm driving, but this sounds like they are reaaaaaalllllly stretching things to get more money in the coffers... same as with the cameras.

"Slightly Impaired" is open to too much interpretation. If they want to arrest people for intoxication that is a lesser degree than .08, they should change that law. I don't want meth freaks or glue sniffers on the road, either. As I keep saying, when the law was used for that, it was a good thing.

But reports are coming in that anything goes, and how many of us have driven slightly tired? Slightly distracted? How about cops who eat while driving around? How many cops are driving around on Third Watch dead tired? When it starts being used in the way it has been recently, that is a cause for concern.

My real purpose in posting this was to serve as a warning to all who are traveling and going to events during the Holidays. Be very very careful out there. It's a little dicey, and with the usual gaggle of people who don't use their heads while driving, we also need to be conscious and take care of ourselves. Just be aware.

[cmist]

Originally Posted by R_Cowgirl

It's not so much that they've changed the law all that much -- they are just finally using it. Sorta like how they used the tax laws to get to Al Capone when they couldn't get him on anything else. Every state is different. My ex was in a different state, so I don't know about AZ. All I know is the first call should be to an attorney at this point.

Again, I'm not saying I want impaired people on the road. I don't drink when I'm out if I'm driving, but this sounds like they are reaaaaaalllllly stretching things to get more money in the coffers... same as with the cameras.

"Slightly Impaired" is open to too much interpretation. If they want to arrest people for intoxication that is a lesser degree than .08, they should change that law. I don't want meth freaks or glue sniffers on the road, either. As I keep saying, when the law was used for that, it was a good thing.

But reports are coming in that anything goes, and how many of us have driven slightly tired? Slightly distracted? How about cops who eat while driving around? How many cops are driving around on Third Watch dead tired? When it starts being used in the way it has been recently, that is a cause for concern.

My real purpose in posting this was to serve as a warning to all who are traveling and going to events during the Holidays. Be very very careful out there. It's a little dicey, and with the usual gaggle of people who don't use their heads while driving, we also need to be conscious and take care of ourselves. Just be aware.

I get what you are saying and agree about the potential for misuse, and I didn't think you were fighting for the rights of impaired drivers!! Its good to know, and good points in your follow up too, thx.

[Howard Roark]

Shoot. This means I could go to a bar, take only one sip of a beer, pay my tab and leave, and a cop could stop me. "Impaired" is in the eyes of the arresting officer.

Ok. So if a cop knows who I am, and hates me for it, he could basically deem me "impaired" and throw me into the slammer.

This is not paranoia. This is just another case of Arizona state laws becoming too severe. We better build more prisons downtown to hold 250,000 people. Recreational marijuana smokers, johns, people who go to bars and come out with less than 0.08 BAC. It's been said that over 30,000,000 Americans have been incarcerated at some point, many for victimless crimes. Many became felons and marked for life, barred from good jobs, from renting apartments, and so on. We have to think of what type of society we are becoming. Five years ago I used to be gung ho on laws, except just to legalize drugs. Now I'm for legalizing all victimless crimes.

[Tanque Verde]

Welcome to the new Amerika where innocent men are arrested and convicted of crimes they didn't commit

[observer53]

Originally Posted by las vegas drunk

I am going to add one more thing before I take a nap. Here in Vegas, we also are also have a severe budget deficit. It has recently been all over the news that they are now making DUI checkpoints all over the city. They have caught tons of them, but we all now the real reason for it. It is not for safety.

Perhaps that is not the primary reason, but it's a valid secondary reason, and I have no problem with it. How simple is, if you drink, don't drive?

(I know, everyone says, I can handle X number of drinks, blah, blah, blah, I can still drive just fine. Then they have those demonstrations on TV where they put people through their driving paces sober and then have them start drinking, test them again after one, or two, etc... and the difference in performance is there for all to see.)

[azdr0710]

Originally Posted by R_Cowgirl

Not paranoia, the truth.
Me? Never been arrested in my life. Never want to be either. Feel it's our job to know what our leaders are up to. Used to be married to a cop, so I understand the workings a little better than most.

and, what's your point?

my point was that, in your first post, it sounded like you had a bad run-in with this issue and were angry about something....after reading your later posts, I apologize for that assumption, cowgirl....appreciate your post now

I don't think this law is indicative of a police state's actions, but we all need to take responsibility for our own actions...watch out for your friends and relatives this holiday season....ask if you can give them a ride home because you don't want to see them in trouble on the road....

there're other options: don't speed, don't draw attention to yourself, don't argue with law enforcement, don't drink and drive, be aware, don't tailgate, take it easy on the road............

sorry to sound like I'm preaching self-evident advice, but I see idiots on the road all the time who are asking for it....it's not hard to look out for yourself!!

[Howard Roark]

Nail in the coffin of being a social drinker anymore, unless you live within walking distance of an upscale bar. My Phoenix apartment is resort-like, comfy, and with all I want. So I may as well call it "Howard's Tavern."

Originally Posted by Tanque Verde

Welcome to the new Amerika where innocent men are arrested and convicted of crimes they didn't commit

[R_Cowgirl]

Originally Posted by azdr0710

my point was that, in your first post, it sounded like you had a bad run-in with this issue and were angry about something....after reading your later posts, I apologize for that assumption, cowgirl....appreciate your post now

I don't think this law is indicative of a police state's actions, but we all need to take responsibility for our own actions...watch out for your friends and relatives this holiday season....ask if you can give them a ride home because you don't want to see them in trouble on the road....

there're other options: don't speed, don't draw attention to yourself, don't argue with law enforcement, don't drink and drive, be aware, don't tailgate, take it easy on the road............

sorry to sound like I'm preaching self-evident advice, but I see idiots on the road all the time who are asking for it....it's not hard to look out for yourself!!

Apology accepted. I agree with all of that. I could write a book on how to avoid a ticket by doing all you state. I just hope that when I go to Christmas Eve Mass and take communion, I don't have to worry about THAT. If they even smell alcohol on your breath, they consider that enough to arrest now. THAT is a concern. One Tablespoon of communion wine could do that. So - everybody - go get yer Altoids!

We have a responsibility as US Citizens and Citizens of our respective states to pay attention and say something if things are getting out of whack. We have that right (so far) and if enough of us start saying, "Hey, wait a minute..." We may be able to keep things in check. We ARE part of the checks and balances system.

And, Observer, none of us disagree. The problem is that apparently isn't enough anymore. I never drink and drive. I used to type up the DUI accident reports and that was enough for me. Plus, I don't want to be on the road with idiots. But I also don't want to get nailed for being on the road 16 hours after taking cold medicine, or drinking a Club Soda with Bitters (which has a teensy bit of alcohol - 2-3 drops)...

Yes, we may be being a tad paranoid... but as the old joke goes, "Are you really paranoid if they are really after you?"

Well, anyway, I'm making a call to our Mayor's office in the morning to see what's what...