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I would think the real problem wasn't the swerving or beer smell but rather the open container. I don't know about Florida but the states I've been don't allow alcohol to be open in the car.

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That really does suck since it wasn't really your fault, OP. What were you charged with? But it does make sense you were the only one arrested, your friends weren't really doing anything wrong. Except maybe reckless endangerment for being complete morons.

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This reminds me of that insurance commercial where the cop knocks on the guys window and when he rolls it down, all the beer spills out of his car.

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they have to do a test either blood or breath to determine if you are drunk. Me thinks that there is more to this story than OP is telling

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Yeah, it's probable that as the operator of the vehicle, the OP was supposed to keep the beer out of the car. IMO, get new friends or stop drinking with the ones you have. They're asshole drunks.

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I would think the real problem wasn't the swerving or beer smell but rather the open container. I don't know about Florida but the states I've been don't allow alcohol to be open in the car.

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If your not the one drinking the open bottle I think it is ok, but the cop should have done a breathalyzer test or she should have insisted! She could actually give them hell for doing that

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Your best bet is to go to court, demand a polygraph (lie detector) test, and sue the arresting officer for malpractice, I'm pretty sure to arrest someone for drunk driving charges you need to give them either a breathalyser, field sobriety, or blood alcohol test

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72- last i checked polygraph could not be used as evidence/proof since it's reliability is questionable. however, if the offense was the swerving, he can and will be charged and found guilty of reckless driving. if the offense was drunk driving, there isn't enough proof to say that he was drunk ( no test for it seems to have been done). OP fyl that really sucks. and how much bad luck do you have to swerve right in front of the cop..

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They were probably arrested because of the open container not DUI. Polygraphs are not admissible in court. And if it was a DUI they preform the test again at the jail for a more accurate reading.

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Open container is a violation (like a traffic ticket) not a crime like DUII, so they couldn't be put in handcuffs and taken to jail for that. Although lots of cities have weird ordinances that are crimes, like my city you will get arrested for 'molesting ducks' i.e. Killing the ducks that walk by the pond down town. So who knows:)

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Because it wasn't his fault? He had beer poured on him. You try and drive with beer being poured on you, moron.

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#70, even if they were drunk, they should have known that they shouldn't pour beer on the driver. How stupid do you have to be to know that that's a very dangerous idea?

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Being drunk doesn't excuse one's actions. They chose to get drunk. That's like putting a blindfold on, shooting a gun and then saying: "but officer! I couldn't see!"

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He never said he was arrested of DUI dumbass. It was probably for reckless driving and his friends probably had to call someone to pick them up.

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you can smell alcohol on a person and in cases like this, a breathalyzer would not be used.

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