Do you need to drive to be arrested...

Being in a bar does not exempt one from the state laws against public drunkeness, Beck said.

The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car.

Finding drunks in a bar -- what are the chances? - Yahoo! News

First they came for the drunks.....

The Constitution requires that a police officer have probable cause before the police can stop your car and detain you. However, this is not neccessarily the case for DUI violations

In 44 states today, however, it is legal to stop you for absolutely no reason other than the fact that you are driving a car. The only purpose is to check you out for drunk driving.

Lawerence Taylor

DUI Blog : Bad Drunk Driving Laws, False Evidence and a Fading Constitution

Mr. Taylor, a California DUI attorney, lectures about DUI laws across the country. Mr. Taylor makes a good point about the slippery slope evolution of DUI laws. The legal system is about precedent, exceptions in case can be made in others.

He closes with the quote...

"First they came for the drunks, but I was not a drunk, so I did not speak up...."

DUI Defense Lawyers Challenge Breath Test - Yahoo! News

DUI Defense Lawyers Challenge Breath Test - Yahoo! News: "Most states have 'implied consent' laws for motorists requiring DUI suspects to blow into a breath analysis machine if asked to do so by a police officer.

'The breath test is an integral part of any prosecution,' said Earl Varn, an assistant state attorney in Sarasota.

In Florida, state law currently considers a breath test valid if the machine is approved by the Florida Department of Law Enforcement and the person administering the test is qualified. The law also says that a defendant is entitled to 'full information concerning the test taken' if such a request is made.

The meaning of that phrase is the key to the DUI challenges in Florida and other states with similar laws.

DUI defense lawyers insist that 'full information' means every minute detail about the Intoxilyzer, including the source code used by its computer processor to analyze breath samples, should be subjected to review by expert defense witnesses. Some judges have agreed."