# Odd occurance during DWI arrest **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 27, 2015, 10:41pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161 "2015-03-27T22:41:52Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 27, 2015, 10:41pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/1 "2015-03-27T22:41:52Z")
I was recently pulled over and subsequently arrested for a DWI. So here are the some elements of what happened that night in jail: I had to perform the field sobriety test again inside the holding cell. I then submitted a breath sample and blew a .158. Now that’s normal procedure, but what was odd was when the officer then brought me out of the holding cell and showed me a small bag of marijuana ( probably $10). He stated it was found in my car, and I told him no it wasn’t and he kept saying it was. So again I was stripped searched, and put back in the cell. I was brought out again from my cell, and again he was saying to own up to the dope and be a man. I said its not mine and at this point I was getting pretty angry. The officer then asked why I was getting hostile and I told him because I’m being charged with bogus weed. We went back and forth, and again I was sent to my cell. The third and final time I was brought out, he said I am being charged with it, so I might as well admit to it. Again I said I won’t, and I was back in my cell. At this point I’m near rage, but managed to calm down. I was brought out for the booking process, and the jailer (guard) stated quietly to me that I won’t be charged with the marijuana. I asked him what the hell is going on in this place, he just motioned to me to be quiet and don’t say anything. He was an older gentleman, and he had the look like he knew something was crooked or not right. So I continued on with the process. Now I do not smoke marijuana and none of my friends, associates, etc. do either so if it was found in my car, why wasn’t it brought to my attention earlier? Finally even though the officer said I was being charged with it, its not on my arrest report or anywhere to be found. Unless the officer was doing me a favor and dropped it, I have wondered why its not on the report. He seemed angry at me, so I don’t know why he wouldn’t include it in his report. Does anyone have any thoughts on this or is this a normal situation? ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [March 27, 2015, 10:49pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/2 "2015-03-27T22:49:25Z")
IMHO is our forum that’s best suited to legal advice. Colibri General Questions Moderator ---
**Author:** ![madmonk28](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madmonk28/32/20811_2.png) [@madmonk28](https://boards.straightdope.com/u/madmonk28)\ **Post date:** [March 27, 2015, 10:52pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/3 "2015-03-27T22:52:11Z")
My guess is that they thought they could bully you into a false confession and get a drug arrest to their credit. ---
**Author:** ![Lanzy](https://avatars.discourse-cdn.com/v4/letter/l/74df32/32.png) [@Lanzy](https://boards.straightdope.com/u/Lanzy)\ **Post date:** [March 27, 2015, 10:58pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/4 "2015-03-27T22:58:05Z")
Where? ---
**Author:** ![get\_lives](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@get\_lives](https://boards.straightdope.com/u/get_lives)\ **Post date:** [March 27, 2015, 10:59pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/5 "2015-03-27T22:59:55Z")
I keep telling people that the War on Drugs killed the 4th amendment, but nobody listens. Oh well. Then shit like this happens, and everybody acts shocked. Well, I am not shocked. ---
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 27, 2015, 11:52pm UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/6 "2015-03-27T23:52:11Z")
Texas…now would this be considered police misconduct, or a city/county padding their stats hoping for a (false) confession? ---
**Author:** ![Honey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honey/32/5074_2.png) [@Honey](https://boards.straightdope.com/u/Honey)\ **Post date:** [March 28, 2015, 1:24am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/7 "2015-03-28T01:24:41Z")
> [@Ken\_Alexis](#): > > Texas…now would this be considered police misconduct, or a city/county padding their stats hoping for a (false) confession? Texas? That figures. ETA: Dude what the hell are you doing driving a car drunk? At almost twice the legal limit no less. ---
**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\ **Post date:** [March 28, 2015, 1:58am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/8 "2015-03-28T01:58:24Z")
Perhaps the cop simply got you mixed up with someone else. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [March 28, 2015, 2:53am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/9 "2015-03-28T02:53:04Z")
> [@Ken\_Alexis](#): > > Texas…now would this be considered police misconduct, or a city/county padding their stats hoping for a (false) confession? I guessed the state based on your OP! You know another fun trick they play in TX to get around the 4th amendment? In Texas any and ALL vehicular offenses are arrestable at the officers discretion, meaning you can be arrested for a speeding ticket. So if you are pulled over for speeding and they ask to search your vehicle and you decline, they just arrest you and then they have the right to do an inventory of your vehicle. Welcome to Texas! ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [March 28, 2015, 3:01am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/10 "2015-03-28T03:01:48Z")
> [@get\_lives](#): > > I keep telling people that the War on Drugs killed the 4th amendment, but nobody listens. You still believe in Civil Rights? How cute! 🙂 9/11 changed everything. ---
**Author:** ![get\_lives](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@get\_lives](https://boards.straightdope.com/u/get_lives)\ **Post date:** [March 28, 2015, 3:09am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/11 "2015-03-28T03:09:06Z")
> [@Johnny\_L.A](#): > > You still believe in Civil Rights? How cute! 🙂 > > 9/11 changed everything. The War on Drugs killed the 4th amendment, and the War on Terror desecrated its corpse. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [March 28, 2015, 3:29am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/12 "2015-03-28T03:29:48Z")
> [@get\_lives](#): > > The War on Drugs killed the 4th amendment At least I got this [nifty t-shirt](http://www.funnyshirts.org/design/3017cc646021cd2df229732911af89ba_12470&utm_medium=shoppingengine&utm_source=googlebase?gclid=CID2tvWNysQCFZQvgQod6K4AQw) out of it. 🆒 ---
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 28, 2015, 3:59am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/13 "2015-03-28T03:59:38Z")
Yes its all funny and easy to be cavalier, its ridiculous I was even pulled over in the first place. My thought is, the bogus marijuana claim should help my case. It should show the arresting officer is a liar. Now we all know small Texas towns are horrible to be arrested in, but trying to force a false confession is a whole new low. My friend who used to be a probation officer, said the cop pulled that stunt because he knew he had no probable cause, so he had to try to get me for something. Even a ridiculous prepackaged $10 bag of dope, as preposterous as that is. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [March 28, 2015, 4:05am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/14 "2015-03-28T04:05:51Z")
> [@Ken\_Alexis](#): > > its ridiculous I was even pulled over in the first place What about your drunkenness? Your BAC? Irrelevant to the stop? 😕 ---
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 28, 2015, 4:32am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/15 "2015-03-28T04:32:26Z")
The calibration of the breathalyzer can always be questioned. They are notoriously unreliable. Regardless, the actions of my arresting officer is what should be questioned. The fact that I drive a gorgeous 2013 Mustang 5.0 through a hideous inbred town at the wrong time of night on a Saturday is why I got pulled over more than likely. They saw a car they didn’t recognize, and right before I got pulled over I was adjusting my radio and swerved a bit. I saw the lights flash on behind me pulled over. The rest was “Dudley Do-Right” being a hero. ---
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 28, 2015, 4:38am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/16 "2015-03-28T04:38:15Z")
I apologize for the grammar mistakes in my last post, no need to point them out and make sport of me. ---
**Author:** ![SeaDragonTattoo](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@SeaDragonTattoo](https://boards.straightdope.com/u/SeaDragonTattoo)\ **Post date:** [March 28, 2015, 4:44am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/17 "2015-03-28T04:44:31Z")
> [@Ken\_Alexis](#): > > I apologize for the grammar mistakes in my last post, no need to point them out and make sport of me. Drunk again. > [@Ken\_Alexis](#): > > Yes its all funny and easy to be cavalier, its ridiculous I was even pulled over in the first place. My thought is, the bogus marijuana claim should help my case. It should show the arresting officer is a liar. Now we all know small Texas towns are horrible to be arrested in, but trying to force a false confession is a whole new low. My friend who used to be a probation officer, said the cop pulled that stunt because he knew he had no probable cause, so he had to try to get me for something. Even a ridiculous prepackaged $10 bag of dope, as preposterous as that is. Seriously? You blew a 0.158 in the holding cell - you were likely an even double the limit out on the road. Go ahead and argue inaccuracy, it’s certainly not by double. By Texas law, blowing anything over 0.15 gets you the next penalty level, congratulations. As someone who has seen a cousin, an uncle, a high school classmate all buried by drunk assholes on the road, and who stood witness at a trial where another drunk asshole killed his passenger, I can say with wholehearted dismissal that I don’t give a shit what happened to you once the cops had their eye on you. ---
**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\ **Post date:** [March 28, 2015, 4:50am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/18 "2015-03-28T04:50:07Z")
Not make sport of you??? That would take all the fun out of this place… Having cops plant stuff on you is a surprise how? Trying to trick a drunk into more & better crimes is a great way to up the fine in little towns. Not just in Texas… ---
**Author:** ![Ken\_Alexis](https://avatars.discourse-cdn.com/v4/letter/k/b77776/32.png) [@Ken\_Alexis](https://boards.straightdope.com/u/Ken_Alexis)\ **Post date:** [March 28, 2015, 4:52am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/19 "2015-03-28T04:52:48Z")
So that gives the cops the right to add on bogus charges? Well hell let’s just make this an Orwellian society. ---
**Author:** ![Push\_You\_Down](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/push_you_down/32/9095_2.png) [@Push\_You\_Down](https://boards.straightdope.com/u/Push_You_Down)\ **Post date:** [March 28, 2015, 4:55am UTC](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161/20 "2015-03-28T04:55:22Z")
Also… the marijuana jail exchange is immaterial to your DUI. [Next page](https://boards.straightdope.com/t/odd-occurance-during-dwi-arrest/716161.md?page=2)