DWI Arrest at 0.0

by Radley Balko

Woman was a designated driver. Didn’t have a drop to drink all night. She refused a roadside sobriety test because . . . well, because they’re utter bullshit (and unlike a blood or breath test, you’re allowed to refuse the roadside test). I’m sure it’s pure coincidence that her husband, who was in the car, is a DWI defense attorney, and had just beaten the cop in question in court.

In any case, after her arrest and incarceration, prosecutors were forced to quietly drop the charges when her blood test came back 0.0. Now, ask yourself how the officer writes the following about a stone sober woman:

It’s interesting to read the affidavit that Officer Gonzalez wrote that night about Heather Squires, intending to ask the Motor Vehicles Division of ADOT to yank her license. (He never mailed it — possibly because of the blood-test results.)

It describes “bloodshot and watery eyes.”

“Flushed face.”

“Strong odor of an alcoholic beverage emitting from breath.”

The New Times writer adds:

Honestly, I don’t want to believe that Officer Gonzalez sought out the lawyer who beat him in court — and then penalized his wife when she’d done nothing wrong.

But a rogue cop is almost preferable to a system that’s stacked against motorists who want nothing more than to get home at night. Those people might not be as sober as Heather Squires proved to be, but after one or two drinks, I’m willing to bet that they don’t have bloodshot eyes or reek of booze. You’re still going to read that in the police report.

This isn’t the first time pre-written, xeroxed or boilerplate DWI reports have come up. Not the first time someone’s been arrested at 0.0, either.

The Mesa Police Department is standing behind the officer.