For a DUI arrest to occur, the keys to the car must be within the suspects reach and alcohol to be present within their system. This is to aid for intent based arrests such as the police finding someone drunk parked on the side of the road or preparing the leave the parking lot of a bar.
It can be abused however, when someone with no money for a cab home attempts to spend the night in the backseat of their car in order to sober up, only to find a flashlight shining through the window and a pair of handcuffs around their wrist for drunk driving. Police and Courts receive a portion of their budget from arrest fines and fees, leading to numbers based arrest approach unfortunately due to a financial incentive or even officers conspiring to to fabricate DUI charges as shown in the video below that the ACLU is currently fighting.
If this article was only legal theory speculation the topic wouldn’t be so urgent, but having spoken to students of our own as just a DUI school and the numerous news stories such as This one or another story here or this news article show a consistent pattern of police arrests for driving drunk while the defendant was attempting quite obviously to be doing the opposite as notated in the police reports.
But, it can begin with you, writing to your state and local representatives, asking for changes in our justice system. Because a court’s budget should not be determined the amount of drunk driving arrests the police make or the amount ofNevada DUI classattendees there are given the Las Vegas Justice Court has a profit sharing partnership with a court education business (the focus of our next blog post)