Document field sobriety tests. Coordination will still be impaired. Ask the operator if they have indulged in any recreational or prescription drugs, they often tell the truth. Then, quote their statement in the report. If you feel that they are impaired, make the arrest and don't worry about the court dismissing it, at least they are off the road for the time being. If an arrest does occur, look for prescription drug bottles during the inventory. Often times, the bottle will have a directive not to drive, or certainly not to mix with alcohol. Also, look closely at the date the prescription was filled and how many pills were in the bottle. Often times, the amount was filled that day or a day or two earlier and now the whole bottle is empty. No matter what, the OUI-drug is probably going to be dismissed, but if you articulate your observations well, a neg op or op to endanger will probably stick. Hit them up with everything you can think of and hope a few stick.
I had an incident where I was twelve hours into a double and this nut job fell into my lap. It was about 3:40 Am and I had just stopped at the station to use the men's room and get a cold Coke. I was returning to my cruiser, when a car came rocketing up the wrong way on a one way, right at my cruiser. The guy jumped out and started yelling about how someone had just tried to break into his house. His story made no sense at all. He claimed that he was asleep and a guy knocked on his door to ask for a ride. He claims he was scared and drove the guy approximately one mile to the area of the hospital. He told me that the guy was going to break into a house or a boat. Mind you, this all occurred in the next town over and he was so scared that he had enough time to drive three miles to my PD to volunteer for an arrest. While I was talking to him, he was unsteady on his feet and sweating profusely. His eyes were bulging out of his head :shock: , and he was acted abnormally excited for the time of night. to make a long story a little shorter, I hooked him up OUI-drug, Neg op, one way violation, defective headlight, defective brakes, marked lanes, cracked windshield, etc. At the jail, after he was Mirandized, he told deputies (in my presence) that he "only had a few Percocets before bed". Unfortunately, this clown defaulted, so I do not know how the court would have responded to my arrest. However, if this nitwit is a creature of habit, he may appear in the parking lot of another PD and give someone the opportunity to hook him up on my warrant. He is originally from Arizona, so he could be anywhere. SORRY I GOT A BIT LONG-WINDED THERE.
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