Again, you are making the mistake of confusing 'sobriaty' and having aBAC above a prescribed limit.
No I'm not.....I didn't make the link, I made the point that the evidential breath test is a POOR indicator of sobriety..nothing more...please don't make assumptions on my behalf
Beyond that, and without anything that has been said that shows the administering the test was not justified, the test itself was positive, and therefore arrest was fully justified.
Which in itself proves nothing other than showing that the process is an ASS and the officer failed spectacularly in their duties.
He/she wasted valuable and finite resources, removed a wholly innocent professional from his place of work, and inconvenienced several hundred passengers.....for nothing
As regards to discretion, there is very little with any breath test, so once a test is administered, if it is positive then arrest is inevitable.
Please don't muddy the issue here, as I have already stated a breath test is an inappropriate means of measuring ones sobriety (call it below the required Breath alcohol limit if you wish) in this situation.
So I cannot but conclude that this Police officer made a rather coarse and unnecessary decision, that has had the net effect of further eroding the confidence of fellow professionals in their ability to perform relatively benign tasks
