I can't speak for anywhere but in Texas of course you can bypass the DUI laws. I do it all the time, especially when we are busy. That's why God made traffic laws....you can arrest for damn near anything.
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I am done with DUI's...frustrated...
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I don't mind DUI's....I'm a traffic-oriented guy... the paperwork is DEFINATELY a PITA though.
1. Establish a driving pattern if possible, instead of my cheezy PC that I usually get (plate lights out, no front plate etc.)
2. Establish alcohol or narcotics U/I symptomology
3. Ask the 20 PRE-SFST questions.
4. Conduct SFST's. (Nystagmus, walk and turn, one-leg-stand), complete CHP202c SFST card.
5. Ask for voluntary PAS (If refusal, refer to #6)
6. After PAS test, or PAS refusal, arrest for DUI.
7. Offer blood or breath test (Intoxilyzer/E-PAS)
8. If they choose blood, transport to hospital for blood draw (30 min-1hr)
9. Otherwise, transport to station for booking, breathalyzer.
10. If drug use suspected, obtain urine sample.
11. Released on citation to appear, if high BAC, transport to county jail (45min-1.5hr.)
12. Complete DUI crime report, complete CHP202 DUI Form, complete DMV APS (Admin Per Se) and serve to driver prior to release.
13. Total time from arrest to completion: 2-3 hours.
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