Q: Can a officer arrest you for simply being in an area known for drug activity nd charge you with a DWI though your sober.
The officer did not pull me over he simply pulled up to the pump behind me I was already stopped. He approached me and asked me if he could ask me a few question I said "yea. But why did I do something wrong." He answerd "no". Then proseeded to ask for my lisence and registration . eventually he asked me to perform the sfst's. I asked him if I had to since he didn't technically pull me over he hesitated to answer so I simply complied with out any further question. I past the first test no problem but the second one he did not demonstrate or clarify when I asked him if he wanted me to count to thirty or count 30 seconds ? He said "just count to thirty mam". Is failing a field sobriety test enough to throw me in jail? I have/ had a clean record .
A: No. In order to arrest you, police would need probable cause to believe that you had committed a crime. In the context of a DWI, police would need evidence that you had driven, operated or been in physical control over a motor vehicle while you were under the influence of alcohol or another controlled substance.
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