If your blood alcohol content is 0.08 of above, you will be arrested for driving while intoxicated. I then asked what happens if your BAC is, say, 0.79? To which he told me that the person can still be arrested if they are involved in a moving violation, which is called DUI less safe. He gave me an example of a recent case, and showed me the report he filed on that case. He pulled over an older gentleman who had driven onto a curb late at night, the man seemed very confused, and Officer Onge had to repeat himself multiple times, each time the man not understanding his requests. The man did not perform the field sobriety tests correctly, and his speech was greatly impaired. So Officer Onge then had him breath into the breathalyzer and number came back 0.79. Even though he was under the limit, the man was still involved in a moving violation, this Officer Onge arrested him. I also asked about lesser cases, for example if someone BAC is 0.05 or less and involved in a moving violation. Officer Onge told me (and I remembered this from class) that police officers have complete discretion. He told me for him, if he believes a person is a danger to those around him, he will make an arrest. However, if their BAC is low and no one was harmed, he will tell them to get a cab home or have someone come pick them
If your blood alcohol content is 0.08 of above, you will be arrested for driving while intoxicated. I then asked what happens if your BAC is, say, 0.79? To which he told me that the person can still be arrested if they are involved in a moving violation, which is called DUI less safe. He gave me an example of a recent case, and showed me the report he filed on that case. He pulled over an older gentleman who had driven onto a curb late at night, the man seemed very confused, and Officer Onge had to repeat himself multiple times, each time the man not understanding his requests. The man did not perform the field sobriety tests correctly, and his speech was greatly impaired. So Officer Onge then had him breath into the breathalyzer and number came back 0.79. Even though he was under the limit, the man was still involved in a moving violation, this Officer Onge arrested him. I also asked about lesser cases, for example if someone BAC is 0.05 or less and involved in a moving violation. Officer Onge told me (and I remembered this from class) that police officers have complete discretion. He told me for him, if he believes a person is a danger to those around him, he will make an arrest. However, if their BAC is low and no one was harmed, he will tell them to get a cab home or have someone come pick them