A man is arrested and booked, his car impounded for a DWI even though he took the test - twice - and blew 0.0. So, even if you're not intoxicated, you can still be arrested. Police say he failed a roadside sobriety test. The Washington Post did an article a while back about how those tests are specious.
Meanwhile, in New Hampshire, a man was charged with DWI and there appears to be no dispute that he was properly charged with that. However, he was also charged with an illegal wiretap for taping - ready for it - the arrest. As far as I'm concerned, police should always be willing to submit to surveillance. They are public officers operating in the public sphere.
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