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HPD made DUI arrests despite breath test showing 0.00% BAC (Read 393 times)

Flapp_Jackson

HPD made DUI arrests despite breath test showing 0.00% BAC
« on: April 25, 2024, 09:38:32 AM »
Hundreds of motorists were arrested on Oahu for DUI even though the drivers registered 0.00 on the Breath Test.

This is another example of law enforcement using arrest powers to increase revenue to the department.

Crazy stories...


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"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #1 on: April 25, 2024, 10:32:45 AM »
HPD's SOP is if you refuse a field sobriety test, then you get taken (arrested) to the station at which one can be done or a blood test.  The error is on the cop who suspected the kid was "drunk".  We put trust in the cops that they will do the right thing, but often ego gets in the way.

My elementry school DARE officer stated "if you ever think you're over the limit, request a blood test.  The hope is you're sober enough by then because it takes time to go to the station, do the paperwork and draw the blood". 

There's audit vids of someone blowing 0 and was still arrested for DUI.  Only for the charges to be dropped.  He also had 0 on his blood work at the station.  Because of this arrest, he lost his football scholarship.  I think he ended up suing. IDK how much he got or if he got his scholarship back.  The bodycam shows everything as well.
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oldfart

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #2 on: April 25, 2024, 11:00:22 AM »
What about pakalolo?
When I used to drive to town every day, I would smell weed on the freeway. Now I smell weed in my neighborhood,  by the elementary school, etc.
Not to mention the nickel bags at the park.
There are many options for impaired driving, none of them alcohol-related.
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What, Me Worry?

changemyoil66

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #3 on: April 25, 2024, 11:39:46 AM »
Quote from: oldfart on April 25, 2024, 11:00:22 AM
What about pakalolo?
When I used to drive to town every day, I would smell weed on the freeway. Now I smell weed in my neighborhood,  by the elementary school, etc.
Not to mention the nickel bags at the park.
There are many options for impaired driving, none of them alcohol-related.

Unfortunately, HPD and almost all LEO don't have the ability to test for other narcotics in ones system as quickly like a breathalyzer or BAC blood draw.

But for BAC, diabetics can give a false positive too.  WHen HI tried to pass a law that any booze in ones system and possessing a gun would be illegal, a real doctor, an EMT, and a diabetic all testified to this.  Which would mean if a diabetic were to use a gun in a self defense shooting at home, then they would pop on the BAC test.  And now, CCW as well.  There was no threshold like driving of 0.08/0.06. It had to be zero.  So if you also had 1 beer and had to defend yourself in your home, you would be screwed Deedy style.

Our new law specifically states CCW has to be zero BAC.  In NV, their BAC law and carrying is like driving. 0.08 or less and you're g2g.
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QUIETShooter

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #4 on: April 25, 2024, 12:49:53 PM »
DUI = Excessive alcohol consumption?
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Sometimes you gotta know when to save your bullets.

Flapp_Jackson

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #5 on: April 25, 2024, 01:50:32 PM »
Quote from: QUIETShooter on April 25, 2024, 12:49:53 PM
DUI = Excessive alcohol consumption?

Driving Under the Influence (of alcohol)

Of course there's DWI:  Driving While Intoxicated, to encompass any intoxicating chemicals as well as alcohol

And there's OMVWI:  Operating a Motor Vehicle While Intoxicated (or Impaired)

In some places, just failing the roadside sobriety test is enough to charge you with being impaired regardless of the reason for the impairment.  Could be alcohol or drugs both prescription and banned.

Being impaired doesn't require a minimum blood test reading to charge you unlike intoxicated does.

https://www.cdc.gov/transportationsafety/impaired_driving/impaired-drv_factsheet.html#impairment
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"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

ren

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #6 on: April 25, 2024, 02:00:20 PM »
Next thing would be arresting you for stealing your own car.
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Deeds Not Words

Flapp_Jackson

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #7 on: April 25, 2024, 02:39:00 PM »
Quote from: ren on April 25, 2024, 02:00:20 PM
Next thing would be arresting you for stealing your own car.

Watch: Miami Cops Arrest Man for "Stealing" His Own Car
https://www.miaminewtimes.com/news/miami-cops-arrest-man-for-stealing-his-own-car-lawsuit-13335518
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"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #8 on: April 25, 2024, 03:10:43 PM »
Maybe the cop wanted OT since he would have to appear to any hearings.  The more you arrest for DUI, the more who will get a hearing since many don't just plead guilty.  It's a numbers game since not all will get charged.

Precovid, there were about 3000 DUI arrest.  Now it's like 1500. What changed? Pretrial conferences were used instead, so the arresting cop doesn't have to show up multiple times while the lawyers figure stuff out.  Which means cases rarely get sent to trial (no need cop to testify).
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eyeeatingfish

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #9 on: April 25, 2024, 10:42:28 PM »
Quote from: changemyoil66 on April 25, 2024, 10:32:45 AM
HPD's SOP is if you refuse a field sobriety test, then you get taken (arrested) to the station at which one can be done or a blood test.  The error is on the cop who suspected the kid was "drunk".  We put trust in the cops that they will do the right thing, but often ego gets in the way.

Merely refusing is not PC for an arrest, it would be the totality of the circumstances that either justify or don't justify the arrest. Could have been ego, could have been bad judgement, or there could have been some other facts the story didn't cover that did justify the arrest.
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eyeeatingfish

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #10 on: April 25, 2024, 10:53:14 PM »
Quote from: Flapp_Jackson on April 25, 2024, 09:38:32 AM
Hundreds of motorists were arrested on Oahu for DUI even though the drivers registered 0.00 on the Breath Test.

This is another example of law enforcement using arrest powers to increase revenue to the department.

Crazy stories...





From my understanding there really isn't much money to be made by the department here from a DUI arrest. I have heard first time DUI arrest people get fines of something like $300 or $500. After all is said and done I think the department spends more money than any share of that fine they would get.

He also makes the leap in assuming that the rejected cases are because the cops did a bad job somehow. A prosecutor can decline cases for lots of reasons outside of whether the case was solid or not.

It can happen occasionally that there is enough to justify an arrest but the person has no alcohol in their system but the numbers seem a bit high. It should also be noted that driving while high on a drug is still a crime and in those cases, an officer can arrest a person based on the signs of intoxication and that person will blow zeros at the station. Then they have to bring in an officer trained in drug recognition. If one of those officers is not available then the person may be released with no charges. In short, merely blowing zeros after having been arrested doesn't automatically indicate the officer did something wrong.
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Flapp_Jackson

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #11 on: April 25, 2024, 11:49:54 PM »
Quote from: eyeeatingfish on April 25, 2024, 10:53:14 PM

From my understanding there really isn't much money to be made by the department here from a DUI arrest. I have heard first time DUI arrest people get fines of something like $300 or $500. After all is said and done I think the department spends more money than any share of that fine they would get.

He also makes the leap in assuming that the rejected cases are because the cops did a bad job somehow. A prosecutor can decline cases for lots of reasons outside of whether the case was solid or not.

It can happen occasionally that there is enough to justify an arrest but the person has no alcohol in their system but the numbers seem a bit high. It should also be noted that driving while high on a drug is still a crime and in those cases, an officer can arrest a person based on the signs of intoxication and that person will blow zeros at the station. Then they have to bring in an officer trained in drug recognition. If one of those officers is not available then the person may be released with no charges. In short, merely blowing zeros after having been arrested doesn't automatically indicate the officer did something wrong.

Maybe actually watch the video before sharing your ignorance.

Lehto included in his video that there is federal money available for DUI arrests.  So, the fines cover the costs of policing and the courts.  The federal money is pure profit.

The federal money comes mainly in the form of highway funds, and the more DUI arrests and the more felony DUIs prosecuted, the more federal funding is attached.  Some of the cases could even be charged in federal court if there are fatalities involved, if the driver is a repeat offender, etc.
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"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

eyeeatingfish

Re: HPD made DUI arrests despite breath test showing 0.00% BAC
« Reply #12 on: April 27, 2024, 10:25:26 PM »
Quote from: Flapp_Jackson on April 25, 2024, 11:49:54 PM
Maybe actually watch the video before sharing your ignorance.

Lehto included in his video that there is federal money available for DUI arrests.  So, the fines cover the costs of policing and the courts.  The federal money is pure profit.

The federal money comes mainly in the form of highway funds, and the more DUI arrests and the more felony DUIs prosecuted, the more federal funding is attached.  Some of the cases could even be charged in federal court if there are fatalities involved, if the driver is a repeat offender, etc.

I did watch the video. Guess this is another time you can't stand someone challenging you. The fines don't even cover the cost of the policing. A dui roadblock with 4+ officers on overtime for 3-4 hours is going to run way over $500. I am not saying that federal funding isn't calculated into their budget but it is a huge leap to go from "cops get federal funding" to concluding that it gives them corrupt intent.

But tell me all about these federal grants since you know so much more. Do tell me how you know it is pure profit if you know so much because it wasn't covered in any detail in the video.

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