A few weeks ago a friend of mine was arrested for DUI, Driving on the wrong side of the road, and for wreckless driving.
On the ticket he received it stated that they administered a breathalyser test, which they didn't. The cop also never administered a field sobriety test.
My friend had taken one of his prescription allergy medicines that does make him sleepy. He told me that he does remember having swerved on to the wrong side of the road (not completely though) he never actually drove on the wrong side of the road. He was also driving the under the speed limit.
The cop that pulled him over was an off duty cop who noticed my friend was driving "dangerously" so the cop stopped by his house (which just so happened to be on the road my friend was driving on) to get his cop car to pull him over.
Now for the question: Can they accuse my friend for DUI if they never administered a breathalyser, a field sobriety test or even a blood test? Can they ticket a person for accidentally swerving in the opposite lane?
Need a little help here as this is the first time this has ever happened to him.