Drunk or Sober: Why it can be difficult to tell

DFWTexan1975 · Oct 11, 2010

DALLAS, TX - David Hammock says it was after a late night drive home from a poker game that he was pulled over and arrested for driving under the influence.

"In the most extreme situations, I could not see this happening to anybody," said the retail recruiter.

Hammock says he was close to his home in North Dallas when he hit a curb. He says a Dallas police officer quickly pulled him over and asked if he had been drinking. Hammock says he had an iced coffee, but no alcohol that night about two weeks ago.

Next, Hammock says he was put through a series of field sobriety checks. He says being tall and uncoordinated, he swayed and stumbled with some of the tests. He also says he was nervous about the situation.

"The officer then patted me down and put my arms behind my back and put handcuffs on me." Before he knew it, Hammock was being taken to jail.

"I thought this is horrible, absolutely horrible."

But, DWI experts say it happens with some frequency that drivers who are sober are tagged as being under the influence because the tools officers use to investigate drunk driving, to some, are flawed.

"There are a lot of people in the community arrested and charged with DWI who simply are not guilty of driving while intoxicated," Dallas DWI attorney, Buck Johnson, said.

Johnson says the field tests can be inaccurate because he says essentially they are coordination tests, like standing on one leg for 30 seconds.

"I know people who couldn't do that right even in a perfect environment. Now imagine being under the pressure of being pulled over and being asked to balance, that is very difficult for people."

After hours in jail, Hammock says he was given a breath test, that cleared him of suspicion of DWI.

"The officer said you blew a 0.00 and I thought hallelujah."

Hammock says he still spent another half-day locked up on three traffic violations that he disputes. He says the ordeal was expensive because he had to get his car out of the impound lot. He would like to see the system that targets drunks get more accurate.

"This just shouldn't occur."
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http://www.the33tv.com/news/kdaf-sober-people-pulled-over-for-drunk-driving-story,0,872070.story

Jack-A-Roe · Oct 11, 2010

cops should have portable breathlyzers to use in the field

k4D3t · Oct 11, 2010

I just have to wonder, when I hear a story like that, what kind of attitude the guy was giving off. Also, was it an Artie situation, where he had cause to think maybe something other than alcohol was at work. I'm heavily inclined to give cops the benefit of the doubt. I certainly wouldn't give any credence to a DWI defense lawyer, many of which seem to be the lowest of the low.

Jack-A-Roe · Oct 11, 2010

you dont even need a DUI lawyer if its your first offense and you werent arrested for other charges, its pretty but and dry what the judge is gonna give you

they'll make it seem like youre gonna go to jail for first offense so youll pay them for representation

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Drunk or Sober: Why it can be difficult to tell

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