The St. Petersburg Times recently reported about Michael Loui's DUI arrest.  The alleged DUI Driver's eyes were bloodshot.  He claimed he suffered from allergies.  The Officer, a DUI specialist, noted that the Driver's speech was slurred and he was unsteady on his feet.   The Driver called his doctor who told the Officer that the Driver suffered from Muscular Distrophy.   The Officer did not smell alcohol but was sure that the Driver was using or abusing prescription drugs.  He asked the Driver about his medical history.  The Driver indicated that he had a prescription for Vicodin but had not taken any in a few days.  Bingo, the DUI expert would not be fooled.  The Disabled DUI driver was arrested, booked and jailed.  Justice was served or was it injustice? 

What makes this case illuminating is that Michael Loui, who actually does suffer from Muscular Distrophy and was prescribed Vicodin to ease his pain, was not DUI but simply disabled at least according to a state administered urine test.   Officer Michael Jockers, the 17 year veteran DUI Officer, is still incredulous.   He claims that his standardized field sobriety tests  and DUI training don't lie besides he once knew a Cub Scout with Muscular Distrophy.   The DUI officer insists that the Urine test is flawed and must have missed some prescription drug.  

The lesson here is that Georgia DUI and Metro Atlanta DUI police officers believe that anyone that can not perfectly follow their instructions without being told that they are being so judged, are not perfectly healthy and fit, and do not have the dexterity of a tightrope walker (without a pole) or at least a competition gymnist are under the influence to the extent they are less safe of alcohol or when they can't smell alcohol illegal and/or prescription drugs.  Prosecutors routinely charge DUI defendants with DUI drugs when there is absolutely no evidence of drug use or abuse just in case something pops up at trial.   Further, Police Officers are trained to rely on these imprecise DUI field sobriety evaluations to the point of ignoring the obvious and disregarding common sense and logic. 

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