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Staying in the Lines | Rocky Mountain Law

2m read
·Nov 11, 2024

Have you had anything to drink at all in the last 24 hours?
No.
Okay, have you had any drugs or anything at all in the last 24 hours?
Okay, what's your native language that you speak?
Uh, Pabi.
And you understand English?
Yeah, for the most part.
Very much.
Okay, very much. Um, would you be willing to do a few voluntary roadside maneuvers just to make sure that you're okay to drive?
No.
No? No, you don't? You won't let me?
Uh, can I check your eyes?
Yeah, keep your head still.
No, so watch me. Look only with my eyes.
Okay, do you understand?
Mhm.
Only with your eyes.
[Applause]
Okay, that's good. Stop. You sure you haven't been drinking?
No.
Okay, would you be willing to blow into the PBT?
Blow?
Yeah, okay. Wait here.
Okay, basically he failed the eye test, he failed the other test, but he doesn't speak English good, and it's hard for me to base anything off of that.

At this point, legally I'm not looking for a DUI. My job right now is to make sure that I don't turn a drunk back loose onto the road.
Okay, what I want you to do when I put this in, in big breath, and blow it all out like this.
There you go. Go, go, go, go, good, good, good, good, good, good.

Okay, so I know you were asleep in the cab of the truck. Are you going to tell me the truth about drinking now?
Mhm.
Cuz this doesn't lie. This says you're drinking a lot.
A little bit.
Oh, a little bit?
Yeah.
Oh, okay, that's why I sped. That's why you slept. Did you drink before you drove?
Yeah.
Yeah? How much did you drink before you drove?
Three beers.
Three beers?

Okay, would it be okay if I gave you a ride to a hotel where you can be safe tonight 'cause you can't stay in this car on the side of the road with this?
Okay, and I'm going to move that. Put your seat belt on for me, please.

Party Z8, we didn't have probable cause for an arrest. However, we're going to find him a place to stay. It did end up being the truck that was called in as a possible drunk driver from before.
The hard part is there's just so many barriers for us building a good DUI case. The language barrier was really hard to work with. People have to understand that they're voluntary and that they can say no.

After a while, I wasn't really sure if he was understanding what I was saying.
Yeah, I want to make sure that you get in and that they've got room for it.

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