Originally Posted by
rickair7777
????
Sure it is...try it sometime and see what happens. Probably cause is legal grounds for arrest. They might decide not to book you if you get to the station and then blow 0.03.
But cops don't just give drunk drivers a ride to the station without arresting them...involuntarily and wearing handcuffs. If they did that to me, I would simply confess everything on the ride over...OOOPS! They didn't read me my rights! I'd be off the hook on that one...
BTW different states have slightly different rules...what applies in your state may not apply anywhere else.
Failing only one clue (i.e. just the walk and turn and/or horizontal gaze nystagmus) is not
enough probable cause for an arrest for DUI. Yes, you are not under arrest until after you fail the BAC datamaster or refuse to blow. And yes, you can get a ride to the jail, test under and be taken home, although that usually never happens because if you are over .05, you can still be arrested for impairment. Thats the kicker, .08 is not the magic number.
You are simply being detained for a criminal investigation and not free to leave so everything you say on the ride over can be putt into the report, you don't need to be read miranda because you are not under arrest yet.
I am not going to sit here and lecture you on flying the CRJ, don't explain to me how to do my job.