Bocephus said:
You are wrong. If she refuses every test and goes straight to jail, there is no proof of intoxication except the poor driving and the blood test. A decent defense lawyer will argue that the elapsed time between the time of the arrest and the blood draw will allow more alcohol to be processed in her system causing the BAC to be higher than it was when she was driving. The failure of multiple tests will be hard to overcome.
Lol, "wrong"...you are clueless. And this isn't about alcohol. It's about a DWID/DUI at this point, IF the tox report comes back positive for prescription drugs.
You completely ignore the fact that how a cop acts and administers a test is extremely useful for a defense attorney but even more impactful for a jury.
A jury would see the cop failing more than the fat grandma, when it comes to those tests. But it probably won't even go to jury trial, because the state will try to save face for DPD and this poor cop who is an embarrassment to cops across the nation. At best, maybe 1 or 2 jurors would think this cop did a fine job and the fat grandma failed miserably, like you think.
I personally experienced this kind of cop failure roadside on my own DWI case. The prosecution even tried to claim they "lost the video" it was so bad. Yeah, that's one anecdote, but Mrs. West now has a similar anecdote. We both lucked out with inexperienced cops who almost appear to be giving sobriety tests for the very first time.
Let's see what happens. If it comes back she has trace amounts of Valium in blood from a one time prescription, the best thing going for her case will be this cops behavior. The best thing going for the cop is the way Mrs West pulled over.