Should he have gotten arrested?

Holy. Fuck.

First, SFST's are not pass/fail tests. They show indicators. We didn't see any of the meaningful parts of the tests so we have no fucking clue how many indicators he actually presented.

The tests we saw were Horizontal Gaze Nystagmus (a standard NHTSA test) and two others (lack of convergence and modified Romberg) that tell me the deputy doing them is either ARIDE or DRE certified. If he's ARIDE that's at least 80 hours of training, if he's a DRE then that's practically a fucking associates degree in locking up impaired drivers. The first deputy did some of the HGN test while he was still in the car, which means all the deputies probably have the standard 40 hour NHTSA class, but they still felt it necessary to call in the other guy who apparently has a fuckload more knowledge than you or I about these tests. Keep in mind that we still don't know how he fucking performed on the tests.

Also, the deputy doesn't have to explain all of his PC on the side of the road. Can you imagine if he had to spit out, "Citizen, I hereby place you under arrest for violation of the Code of Virginia, Title 18, section 266, as I have probable cause to believe that you are under the influence of a self-administered intoxicant that has grossly impaired your ability to operate a motor vehicle" on every DWI arrest? That's ridiculous. Just because he says "Something doesn't sit right" doesn't mean he's arresting him on a hunch. If you had the ability to pause time right there and ask the deputy to elaborate, he could lay out the oodles of probable cause that this dude has been spewing forward ever since the initial stop. Speaking of, we don't even know what the driving behavior was that led to the stop in the first place!

We also won't get to see any of the following up investigation either. He's probably going to 1) get a search warrant for the blood, 2) perform the full 17 step DRE examination at jail, 3) do the standard breath test, and 4) search the car for evidence of drug use.

In short, you have absolutely no fucking idea what you're talking about.

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