He was not given any further testing at the police station. It wasn't until after the cop searched the car and found an empty wrapper from synthetic marijuana that he decided to do a BAC. The cop told my son that being to tired is also considered a DUI. I do know he, his wife and little boy had been sick which cause them all to be vomiting, therefore he didn't get much sleep. He did get a public defender today so we will see what happens. Also, the public defender told my son that he doesn't have to apear in court because he's representing him and he (the public defender) will show up for him. Now my question is is this true? Because my name is on his bond and I don't want to have to pay that money if he doesn't show up and was supposed to. Like I said before, this is our first experience with the law and we don't want to do anything that's gonna make it worse. Thanks for your response.
He fully cooperated with everything that was asked of him. He didn't refuse any tests. He was scared and said he didn't have anything to hide so he never thought anything would show up on the BAC. He had been sick the few days prior to this with vomiting, he couldn't even keep food down. He had been up late because his 6 year old son and wife were also sick. I do know he was very exhausted though. Since the cop told him being to tired and driving is considered a DUI, that's probably why he was arrested.

