Long story but I will try to keep it short. On 12-6 my son was arrested for a DUI. He had been at drill all day and after drill he and some friends went another guard members house to hang out. My son is not a big drinker at all and swore to me he only had 2 beers over a 4 hr. time frame. On the way home just before midnight he was pulled over for failing to signal while passing in a passing zone. Basically the officer got him out of his truck and proceeded to do a field sobriety test. My son who is 23 became very nervous and told the the officer he had never been pulled over before and he was extremely nervous and it was very cold. Evidently the officer didn't like what he saw and told my son I want to give you a "breathalyzer" test and immediately told my son he did not have to take it if he did not want to. My son being naive said I'm not drunk so I guess I don't need to. He was immediately handcuffed and taken to jail. After being taken to jail they made him take a breathalyzer test, two in fact. We hired a lawyer just to help my son keep his drivers license during all this. Unfortunately he was suspended from his job as a forester without pay because their insurance would not allow him to drive a company vehicle with a possible DUI. They held my son for 23 hours and did not let him make a phone call until 2 p.m. the next day even though he told them he really needed to call his command at the 117th and let them know what happened to him so they might not count him as AWOL. Their response to him was sucks to be you! When I realized he did not come home early that morning I freaked out woke my other son up who is also a member of the 117th and told him to start calling anybody he knew and I hit the roads looking for him. It wasn't until about 9a.m. that his 1st. Sgt. found his mugshot and called me to let me know where he was and he was alive. As I said before they held him for 23 hrs. He just got a text from his lawyer and told he told my son he blew a 0.0 on the breathalyzer and they still held him for 23 hrs., he basically has lost his job and is out a lot of money and really embarrassed by the whole situation. I will not mention who arrested him because he still has to go court. My question is if they don't throw this out when he goes to court do we have any recourse. I am basically just pissed right now because in my uneducated opinion they basically kidnapped him and really put a hurting on his life.

So they charged him with a dui after he blew 0.0?

Wish I could help but I hope he gets it worked out,

I would be pissed as well!! Hope he gets it worked out

Yes. Held him for 23 hrs.

He has a lawyer so hopefully that part of it gets cleared up and he gets in no further trouble. I do not know if he has a civil case or not for being held for all that time after blowing clean. That would be an ask a lawyer question.

Yeah I would be coming after them. That's garbage and a good lawyer will get it done.

Wow man, that's crazy....hate to hear that happened to him, hope his lawyer can get it squared away.....he will have a negative view of the po po for ever now......

He blew a 0.0 or .00?

I ask because the limit .08 which is 0.08 NOT 0.8

Need to find out what the second number after the " . " was because that's what counts

2 beers in a 4 hour period isn't much though unless he's a small statured guy. Even then I wouldn't think he'd hit .08

I don't think you have to have any alcohol in your system to be guilty of DUI
Did they pull any blood?

refusing to take a breathalyzer is an automatic trip to jail, as far as the other, sounds like there was a case of embarrassment on the part of the arresting officers and they “got him” as long as they could

He needed a crash course in criminal justice the day before. First alcohol is not the only substance that can impair someone. Sounds like the cop had it in for him, but in the officer's defense there are a lot of things people are imparied on besides alcohol. The case will most likely be dropped, but as far as any civil recourse against the officer or department will probably hinge on what he said to the officer. You need to see the body cam footage and officer's report. Hopefully you catch the officer in a lie and if so you might have a case after finding a civil lawyer interested. The media might be the best route in that scenario as well, but then that attracts more attention. If your son admitted to consuming any alcohol when pulled over then it could be a lost cause as your son's admission gives the officer cover for making an "iffy" call.

I never admit to consuming anything whether I have or have not. I never take any field sobriety test or breathlyzer roadside or otherwise (which sounds like he failed for reasons unrelated to impairment) for this very reason. It's not my job to provide evdience against my self. And I absolutley never consent to a search of my person or vehicle. Have I had to waste some time waiting on the side of the road, yes? But have I driven away free and satisfied that my constitutional rights were worth a damn still, yes!.

A well trained patrol officer should be able to determine if there is probable cause for DUI arrest without my help. I had a similar situation where I got set up driving back from the beach in Florida through a known DUI/Speed Trap.I had 4 units pull me over like I was Jesse James saying someone "called in" that I was swerving. I answered all the questions about myself except when they asked if I had anything to drink. I politiely told the officer that I understand criminal procedure and I had answered all the questions that would be answered with out a lawyer today. He ran my license for warrants, came back and told me he could smell beer on breath (which was probably true), but was not conducting a DUI and left. I even had one of the other four officers that pulled me over admit that she did not observe any cause to pull me over while we waited on the other officer to run me for warrants. She sunk the case with that statement had it gone further even though she was pretty and only trying to sucker me into running my mouth while waiting. Sometimes you got to know your rights and use them, especially the right to remain silent.

It's a natural urge to get defensive and talk whether you are guilty or innocent in those situations. 90% of arrests are made on the suspects own words. You aren't helping an officer determine guilt or innocence by talking, once providing him a word salad from which he may extract a statement or two to justify an arrest. They have a tough job and I try to make it easier by making it as easy as possible to let me go on my way.

No blood drawn. Not sure about he 0.0 or.00 The officer specifically told him he did not have to take the breathalyzer and did not inform him it was an automatic trip to jail. My son did say that when the first breathalyzer was given in the jail the officer got a stunned look on his face and looked at another officer with a surprised look in his face and then started asking my son if he was on any medications at all or had he taken anything all. My son told him he was taking zero medications and that he was just very nervous. It is my uneducated understanding that when you blow a zero you are free to go.

I don’t blame you for not posting who the agency was that arrested him but for sh!ts and giggles, my guess is a small time agency with a loser, overzealous po po, trying to flex his badge. Those officers scare me. They want to use their firearm so bad they can taste it.

Not necessarily, a breathyler can only detect alcohol. Could be high on weed or prescription medication. You can get a DUI for taking something legally prescribed to you if the officer feels you are "impaired". Sounds like the officers at the jail knew it was a bad call, but that is the wall of silence. They won't/can't question another officer's arrest unless they are his superior especially if he was booked into a different agencies jail.

I'd be anxious to see the body cam footage and official arrest report. The officer should explain his probable cause in the written report. Hold that up the light of any body cam footage. There's your case.

Was he in his guard uniform ?

Your son's attorney should be able to answer all your questions/concerns or give you a good reason why he cannot ie: waiting for reports/tests etc.

If he is not adequately informing you then maybe you need a different attorney.

It’s an Army uniform with an Alabama unit patch. Most non military personnel wouldn’t know the difference. But I was wondering the same thing. Did he and the officer have any back and forth conversations?

No. But his uniform was in truck and he has a Air National Guard tag.

Just curious as to why that would matter?