"Wrongly" Arrested for DUI, but a positive CC encounter with PSP

[mythaeus]

I got arrested at a sobriety checkpoint tonight, got cuffed, went to the barrack, but walked free in the end...learned a lot and here's the story:

Wife and I went to a birthday party and I had a shot of vodka and a shot-size sipping of cognac. I stopped drinking about 3 hours prior to driving home. We got stopped at a PA State Police sobriety checkpoint. The officer asked me to step out side of the vehicle, at which point I decided to inform him that I have a license to carry firearms and I have a gun on me. He asked me for my carry license and to tell him where it is. He proceeded to disarm me (I told him it's loaded) and attempted to unload it, at which point I said "You may want to eject the mag first" (he was going to rack the slide without remove the mag first). It was a little awkward since he was carrying a Glock, but he had some problem dealing with my G26. My guess is that it may have been the first time he came across a licensed carrier. He had some trouble locking the slide back (he was trying), but then pulled the slide 3 more times then asked me to pop the trunk so he can put the gun in the trunk then proceeded with the tests.

The officer asked if I've been drinking, I told him no. None at all? Nope. I wasn't sure at which point was "been drinking". Technically, I was drinking minimally the day before and 3+ hours before that. The first test was an eye test. He took my glasses off and follow his finger without turning my head. I told him I can't see his finger unless he puts it 3 inches from my face. It was dark and apparently I didn't quite pass that test. The second test was foot-after-foot for 9 steps in a straight line then turn around to do the same. I did fine. The third test was a 1-foot off the ground test and count until he tells me to stop. I did fine too, I thought. He then told me that he can smell the alcohol on me and told me to turn around and that I was under arrest for DUI then cuffed me.

The officer then proceeded to call a couple other officers over with a breathalyser. Apparently, the thing didn't work earlier that evening, but they wanted me to try anyway. I did twice and both times the thing returned "error". I was then given 2 choices, either go back to the barrack to take a test or go to the hospital to test. I chose the barrack. He warned that I must not play with the machine; otherwise, I'd have to go to the hospital. Apparently, the machine is not forgiving of people trying to cheat by not breathing into it fully.

He asked if my wife can drive, I told him yes, but she's not comfortable driving my car. The best option was for him to drive both my wife and I to the barrack (he later told me that if I had a hospital blood test, it would've been noted on my records vs. a breathalyser test at the barrack). We walked back to my car and he asked my wife to come with us. Before we were leaving, he decided that it's not a good idea to leave the gun in the trunk so he asked me to open the trunk then proceeded to retrieving the gun. At this point, we told him that my wife has a license to carry and she is also armed. He checked her license and (to my surprise), handed my gun and mag to my wife and asked her to hang on to them. At first, he wanted me to ride in the front with him and my wife in the back, then he changed his mind because he doesn't want someone with a gun sitting behind him.

To the barrack we went, I followed his instructions and.... :drumroll: ....
0.00 , yup, 0.00!!! The officer was shocked. It turned out that apparently I "smelled drunk", and even though I passed the tests (except for the eye test, but he says everyone fails that, though my eyes were bloodshot red) it was enough for him to arrest me. He said I must have spilled some alcohol on me or it could be that someone spilled alcohol on my jacket. He has never arrested anyone with 0.00 before and he's been a trooper for 7 years. So off I went, my wife has already called my friends to come and pick us up. They were waiting for me since the whole barrack visit took 20 minutes or so. They then dropped us off at the checkpoint, but I got stopped from driving the car by 2 other state troopers who noticed I was cuffed earlier. I pulled out my test paper and told them it was 0.00. Off I went. My wife was a bit shaken up, but we laughed about it in the end.

Even though it was a huge inconvenience (and at one point I thought I may be in big trouble) even if I felt completely sober, it was a good experience to know what one of those DUI arrest feels like (without the worst outcome). The state trooper was very pleasant and professional the entire time. At no point was he asking about my gun or questioned why I/we carry guns. We had friendly small talks about his gun and how long he's been in PSP. At one point I told him that he looks like Stifler from "American Pie" :biglaugh: He so did it wasn't even funny! He took it as a compliment and laughed about it.

Let me emphasize this: I don't drink and drive. I have 2 friends who got arrested and convicted for DUI and I know the consequences really well financially and legally. I knew my limit and 2 drinks + 3 hours gives me enough time to sober up. I guess the thing is to be sure to wash up and check your clothings and breath for alcohol smell if you don't want to be flagged at checkpoints.

Don't drink and drive guys and don't let anyone spill alcohol on you.

Al

[normanvin]

So becaue you have bloodshot eyes they can arrest you for drunk driving? That does not sound right.

[Bowhunter]

Well i'm not sure you could consider it arrested or just detained pending further information. but any how im glad they let you go, and you should have gotten an award for 0.0 reading after being hassled

[brewguy]

since they took you to the station because of a faulty machine, they should have had to take you back to your car. Was the officer not returning to work?

[gnbrotz]

Well i'm not sure you could consider it arrested or just detained pending further information. but any how im glad they let you go, and you should have gotten an award for 0.0 reading after being hassled

When you're put in handcuffs and transported to the barracks, you're "arrested" whether they formally announce it to you or not. Also, in this case, note that he was informed that he was under arrest.

[crakkajakka15]

You are aware its not illegal to SMELL like alcohol! None of this was a positive encounter in my book. You were detained for doing nothing wrong. You handled this better than I would of, esp. after blowing a 0.00, and no ride back to my car i was wrongfully taken out of.

[Gkgas]

You are aware its not illegal to SMELL like alcohol! None of this was a positive encounter in my book. You were detained for doing nothing wrong. You handled this better than I would of, esp. after blowing a 0.00, and no ride back to my car i was wrongfully taken out of.

Agree with this 100% it is not illegal to smell like alcohol that is why they have the sobriety tests that you passed.

[mythaeus]

I think it's the combination of bloodshot eyes and the strong alcohol smell that warranted suspicion. The trooper was so sure that I will be booked, that's why he asked my wife to arrange for a ride. By the time the whole thing was over, my friends were already there. Had they not been able to make it, I am sure we would've gotten the ride back to the car.

To me, it was positive because it was a learning experience about being tested, arrested/cuffed (first time ever been in one), going to the barrack, machine-tested, then let go. The majority of these kinds of arrests usually end up costing people several thousand dollars to get out.

What more important was that the CC experience was absolutely positive in my book. Other than being disarmed, no further question was asked of the gun or my right to carry. As mentioned, even my wife was only asked for her LTCF, but not her gun AND my gun was handed to her immediately after she produced her LTCF. She was not disarmed and actually rode IN the cruiser while fully armed. At no time I felt my rights were violated; and, for sure my wife's rights were fully respected by the trooper through out the entire thing.

Al

[pirateron]

So you came across an unconstitutional police blockade. You were unjustly arrested at said unconstitutional police blockade. Taken to the station, due to the lack of proper equipment. And then had to find your own way back, and this is a "positive" experience? Yet another sad commentary on the state into which society has fallen.

[TaePo]

Positive experience? For you perhaps.

The way it should be? I don't think so.

The problem I have is; if they have no handy tool to test on the spot, they should break-up the checkpoint. They do not have the proper tools anymore. How many people did they have to inconvenience by running to the station? It is bad enough they are taking lawful citizens' time at the questionable checkpoints in the first place. The least that should be required is that they have working eqpt to do it fast and efficiently!

I would suggest writing/complaining at least about this part of it and maybe there will be some changes 'down the road'.