The police chief in Shawnee Hills, Ohio, was recently pulled over by a detective and given a breath test. His blood alcohol concentration (BAC) reportedly came back at .04. That's below the legal limit of .08, but he was arrested anyway.
The chief was spotted at Bogey Inn, a local bar, on Feb. 6. Another patron realized it was the police chief and called the dispatch center. When he left, he was then pulled over.
Police reports also indicate that he was spotted at the establishment next door, which is called Largo's. In addition, that report says he's facing felony charges for having his gun in the bar, a charge that he denies.
His legal team also thinks that the OVI arrest isn't going to hold up to close scrutiny. Technically, the chief was pulled over because the detective found it too difficult to read his license plate. In their exchange, which was caught on video, the detective then asks the chief if he has been drinking.
The chief does admit to drinking one beer, but the detective tells him he smells like he had multiple drinks. The detective makes him perform some roadside field tests before making the arrest.
Technically, driving cues and other factors can lead to a drunk driving arrest, even for someone who does not hit the .08 BAC limit. If the person seems to be impaired, he or she could face charges. However, the chief's legal team also says that he did not fail those field tests.
As you can see, drunk driving arrests aren't always as straightforward as some people assume. It's very important to know your rights if you're pulled over by the police.
Source: 10 TV, "Body camera footage shows Shawnee Hills Police Chief OVI arrest," Kevin Landers, Feb. 09, 2018