When a trooper smells an odor of alcohol, it is his duty to investigate. When a person refuses to submit to a test, she leaves him no choice. So what if she wasn't drunk, he didn't know, and she refused to allow him to find out. I could drink a glasss of wine 2 hours ago, and it would still be clearly on my breath, though I would easily be a double gooseegg.
I think the record will show that dozens, maybe hundreds, were pulled by this trooper, who submitted to a roadside test, and were let go, after he was given the oppertunity to establish there was no probable cause.
According to NC law, you can't simply "unarrest" someone for a DWI. You HAVE to take them to the magistrate.
The process usually only lasts 10 minutes, when someone, not drunk, and takes a field soberity test. She refused, and caused it to be a 3 hour process, where she, unlike the the trooper, was never mistreated.
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