Justin Bieber - The Crime Lab Clears Him

January 24th, 2014 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

 On January 23, 2014, the internet and television were ablaze with stories about Justin Bieber’s DUI arrest in south Florida. The 19-year-old was driving a rented Lamborghini when he was pulled over at 4:09 a.m. for drag racing. He performed one or more field sobriety tests, which realistically have little influence on a DUI arrest decision for an underage driver. The odor of alcohol or an admission of drinking is enough. Bieber was also charged with resisting arrest and driving with an expired driver’s license.

Later in the day a police spokesman reported that the singer told officers he had been drinking, smoking marijuana, and taking prescription pills before the traffic stop. The police also claim that Bieber was “belligerent” when police stopped him for driving 55 to 60 in a 30 miles per hour zone in Miami Beach, using several choice words. The arrest report states he dropped the F-bomb several times.

However, when his blood test results became available less than a week later, the crime lab reported he had no drugs in his system, and his blood alcohol level was .014.  About 45 of the 50 states, including Florida, have a per se limit of .02 for underage drivers.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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CARLTON FISK CHARGED

October 24th, 2012 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

Carlton Fisk, who made baseball history when he hit a 12th inning home run to win Game Six of the 1975 World Series, was charged with DUI and related traffic offenses on October 22, 2012.  He was found asleep in his truck in a cornfield in New Lenox, which is about 35 miles southwest of downtown Chicago.  Police reports indicate that officers found Fisk behind the wheel late that evening with an open bottle of vodka on the truck’s floor. 
Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

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Son of Famous American Televangelist Arrested

January 25th, 2012 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

     Richard Roberts, former president of Tulsa’s Oral Roberts University and son of the the man who founded the school and spoke to millions on his Sunday morning program for decdades, was arrested early on morning of January 24, 2012, on suspicion of DUI and speeding, officials told The Times.

     Shortly after midnight an Oklahoma Highway Patrol officer stopped Roberts, who was reportedly driving a black 2006 Mercedes at 93 mph in a 65 mph zone on a highway west of U.S. 169, according to the arrest report.  After stopping Roberts, 63, the trooper noted that he smelled strongly of alcohol.  Roberts allegedly failed two coordination tests and his breath test result was .11.  Roberts was booked into the Tulsa jail and released a few hours later on $1,100 bail, officials told The Times.

     He resigned as president of Oral Roberts Universityin 2007 after he and his family were accused of abusing university and ministry assets.  Later he was named President Emeritus.  All ORU employees are required to sign a pledge to avoid consuming any alcoholic beverages.
Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

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Braves Star Arrested for DUI

April 30th, 2011 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, Current Events, DUI Arrests That Made the News, Uncategorized No Comments »

      Braves pitcher Derek Lowe was charged with driving under the influence of alcohol within days after pitching coach Roger McDowell was accused of making anti-homosexual comments before a game in San Francisco last weekend.  Gordy Wright, a spokesman for the Georgia State Patrol, said a trooper stopped Lowe’s vehicle about 10 p.m. on Thursday, April 28th, on an Atlanta street. The trooper detected an odor of an alcoholic beverage and administered a “field sobriety test,” which resulted in Lowe’s arrest.  Initial reports failed to identify the nature of this test, but additional information should be forthcoming. 

     The 37-year-old right-hander was charged with DUI, reckless driving and improper lane change, according to the Georgia State Patrol.  Lowe declined to take a breath test before he was released, and the officer did not attempt to obtain a search warrant for a blood best, although he could have done so under state law.  The Atlanta Journal-Constitution has reported that Lowe was allegedly racing another vehicle when he was pulled over.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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NFL Player Braylon Edwards’ DUI case continued until May

March 10th, 2011 Richard Blevins Posted in Top 50 DUI Arrests of All-Time, Breath Tests No Comments »

NFL player Braylon Edwards‘ DUI trial has been continued in New York until May.  His attorney is attempting to suppress the breath test taken.  Edwards gave a breath test the registered .16, which is twice the legal limit in Georgia.  Suppressing the breath test is a good way to attack the State’s case against you.  It appears his attorney is doing what our firm would do in a case like that.

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Tiger’s First Baseman Miguel Cabrera Charged in Florida

March 2nd, 2011 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, Current Events, DUI Arrests That Made the News No Comments »

     Miguel Cabrera, the slugging first baseman for the Detroit Tigers, was arrested in Florida on February 16th for driving under the influence of alcohol and two counts of resisting an officer without violence.  According to Mark Weinberg with the St. Lucie County Sheriff’s Office, he was booked into the St. Lucie County Jail at 12:20 a.m. and released at 7:45 a.m., after posting $1,350 bond.

     Cabrera had not yet reported to Tigers spring training in Lakeland, Florida, and the arrest complicated matters because there were issues to work through with the office of the Commissioner of Major League Baseball and the players’ association.  He made one very smart move in the days that followed.  Instead of hiring a “celebrity” lawyer or one with a silk stocking civil background, he retained Michael Kessler, who is perhaps the finest DUI attorney in south Florida.  Kessler is well known nationally and highly regarded by other members of the National College for DUI Defense.  This baseball player chose a formidable DUI defense - not a quick guilty plea. 
Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

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Charles Barkley - A Forced Blood Draw

December 31st, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

     Charles Barkley was arrested on suspicion of driving under the influence of alcohol early on the morning of December 31, 2008.  An officer with a law enforcement task force that targets drunken driving saw the former NBA star run a stop sign around 1:30 a.m., said Gilbert police Lt. Eric Shuhandler.  Barkley declined to submit to a breath test but was given a blood test, which is common in Arizona where the police don’t just take “No” for an answer.  The results weren’t immediately available.

     After Barkley was processed, he was cited and released.  He left in a cab, Shuhandler said.  Shuhandler said there was nothing remarkable about Barkley’s arrest and that it is customary to release people after they’ve been arrested on suspicion of DUI.  “There was nothing unusual about how he was taken into custody,” Shuhandler said.  “He was treated exactly like we treat anybody else.”  Barkley was arrested in Scottsdale’s Old Town area, one of the trendiest spots in the Phoenix metro area.  Barkley played 16 NBA seasons for the Philadelphia 76ers, Phoenix Suns and Houston Rockets, and played on the USA Olympic “Dream Team” in 1992 and 1996.  He was an 11-time NBA All-Star and league MVP in 1993.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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Former Raspberry Busted in Ohio

November 14th, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

     On September 11, 2008, Eric Carmen, the man that brought you ’80s hits “Hungry Eyes” and “All By Myself,” was arrested for DUI in Ohio after slamming his car into a fire hydrant. The singer, who first gained national attention with the not-so-salacious “Go All the Way” when he was front man for The Raspberries, handed the arresting police officers his credit card instead of a drivers license and then blew a .23, nearly three times the legal limit in the Buckeye State. According to the police report, Carmen had a half-empty bottle of vodka in the front seat.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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More Trouble for Heather Locklear

October 21st, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

     Heather Locklear was arrested on suspicion of driving under the influence of a controlled substance in the upscale Santa Barbara area, authorities said on September 28, 2008. Locklear, 47, was pulled over by a California Highway Patrol officer on Saturday afternoon, September 27th, after a resident reported seeing the actress leaving a parking lot and “driving erratically,” CHP spokesman Tom Marshall said.

     The officer noticed Locklear’s car parked on a state highway and blocking a lane in Montecito, a wealthy community about 90 miles northwest of Los Angeles. She was believed to be alone in the car, Marshall said. In talking with her, the officer determined that she seemed to be under the influence of something, Marshall said.

     Locklear was taken to the police station where she was tested for alcohol and drugs. She was booked at 7:00 P.M. on suspicion of driving under the influence of prescription medication. She was later released from custody. Calls to Locklear’s publicists were not immediately returned. Locklear in June checked into a medical clinic to seek treatment for anxiety and depression. Last year, she got a divorce from Bon Jovi guitarist Richie Sambora after 11 years of marriage.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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Patrick Kennedy’s DUI-Drugs

May 14th, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time No Comments »

     On May 4, 2006, Kennedy crashed his 1997 Ford Mustang convertible into a barricade on Capitol Hill at 2:45AM.  An official who was not on the scene said the congressman had appeared intoxicated when he crashed his car, but Kennedy claimed that he was merely disoriented from prescription medications Ambien and Phenergan.  There was an unconfirmed report that Kennedy was seen drinking at the nearby Hawk & Dove bar prior the accident.  Kennedy also stated to officers that he was “late for a vote.” However, the last vote of the night had occurred almost six hours earlier.

     The standard field sobriety tests were not administered, and Kennedy was not arrested on the spot.  Incredibly, Kennedy was driven home by an officer.  On May 5, 2006, Kennedy admitted he has an addiction to prescription medication and announced
he would be re-admitting himself to a drug rehabilitation facility at the Mayo Clinic in Minnesota where he had sought treatment for prior addictions.  He has stated that he has no recollection of the car crash.   

     On June 5, 2006 Kennedy was released from drug rehab.  After being asked if he expected any special treatment from authorities, Kennedy expressed that he hoped they would treat him as if he “were an African-American in Anacostia”.  On June 13, 2006, Kennedy made a deal with prosecutors and pleaded guilty to a charge of driving under the influence of prescription drugs.  He was sentenced to one year probation and a fine of $350.   Two of the three charges (reckless driving and failure to exhibit a driving permit) were dismissed. He was also ordered to attend a rehabilitation program that includes weekly urine tests, twice-weekly meetings with a probation officer, near-daily Alcoholics Anonymous meetings and a weekly meeting of recovering addicts.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

 

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Tracy Morgan Busted…Again.

May 7th, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time No Comments »

     “30 Rock” star and former “Saturday Night Live” regular Tracy Morgan was
arrested in predawn hours in November, 2006, in New York on charges of drunken driving.  The 38-year-old comic was charged at the 33rd Precinct.  Morgan was also on probation in Los Angeles for a DUI conviction. He was charged in January, 2006, for driving with a blood-alcohol level of .13 — well above the .08 legal limit — and a month later he pleaded no contest to a misdemeanor charge.
     The comic was sentenced to 36 months of probation and ordered to attend an
alcohol-education program.  Police sources reported that Morgan was stopped at 4:38 A.M. in the Bronx and “was unable to maintain a position in a lane of traffic.”   Morgan was a “Saturday Night Live” cast member from 1996 to 2003, and was known for such recurring characters as Dominican Lou, Mrs. Parker and Captain Munclair Vanderhousen III.   He left the show when NBC offered him a chance to develop his own “Tracy Morgan Show,” but that venture was short-lived.   Morgan has nevertheless stayed busy, appearing in such films as “Little Man” with the Wayans brothers, and “Head of State” with Chris Rock, before returning to TV in “30 Rock.”

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Teen Idol Sentenced

May 7th, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time No Comments »

     GLENDALE, Calif. —  In October, 2006, Haley Joel Osment pleaded no contest
to misdemeanor drunken driving and drug possession charges resulting from a July accident in which he crashed his car into a mailbox.
     Superior Court Judge John Doyle sentenced the 18-year-old actor to three years probation and ordered Osment to spend 60 hours in an alcohol rehabilitation and education program, as well as attend at least 26 Alcoholics Anonymous meetings over a six-month period.  Osment, who didn’t attend the court hearing, also must pay $1,500 in fines.  The actor’s attorney, David Wood, entered the no contest pleas on his client’s behalf to one count each of misdemeanor driving under the influence and misdemeanor marijuana possession. Two other charges — another misdemeanor DUI and a vehicle code infraction — were dropped by prosecutors.  Osment fractured a rib and injured his shoulder when he crashed and flipped his 1995 Saturn in La Canada Flintridge on July 20. No one else was in the car, which hit a mailbox mounted on a brick base.

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Tough on DUI Texas Legislator Busted!

May 6th, 2008 Allen Trapp Posted in Top 50 DUI Arrests of All-Time, DUI Arrests That Made the News No Comments »

     A Texas state lawmaker instrumental in the passage of legislation increasing penalties on drunk drivers was himself arrested late Wednesday (April 30, 2008) for driving while intoxicated (DWI). Texas State House Transportation Chairman Mike Krusee (R-Round Rock) now faces the special $3000 “driver responsibility fee” that he rushed into law in June 2003.

     “Krusee’s drunk driving, and placing our families in danger, is just yet one more disappointment from an elected official who always ignores the public,” Sal Costello, founder of People for Efficient Transportation, told TheNewspaper.

     According to Krusee’s arrest report, state trooper Michael A. Scheffler spotted a black 2007 BMW 530i weaving on Anderson Mill Road near Highway 183 at 10:13pm. Scheffler also noted that the BMW’s registration expired in December 2007 and initiated a traffic stop. The trooper noted Krusee manifested many of the standard indicators of intoxication, including the “strong odor” of alcohol on Krusee, “the driver’s eyelids were red and watery and his eyelids were droopy,” and the failure to pass sobriety tests. Krusee allegedly refused to take a breathalyzer, which means that unless his attorney files an appeal within fifteen days he will be deemed automatically guilty of refusal. Starting June 10, his license would be suspended until he pays a $125 reinstatement fee any time after October 28.

     In his second trial for the same offense, Krusee faces the $3000 driver responsibility fee, a judicially imposed fine of up to $2000 and between three days and six months in jail. Generally, first-time offenders receive probation instead of jail time. This probation involves reporting in to a social worker monthly, attending a 12-hour educational course, performing between 24 and 100 hours of mandatory community service, submitting to various evaluations and attendance at a “Victim Impact Panel.” Each of these additional requirements comes with its own set of additional fees and costs.

     Krusee is one of the most outspoken advocates of toll roads in the state and had been rumored in line for appointment to the Texas Highway Commission. Krusee is not running for re-election.

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Diana Ross

February 19th, 2007 Allen Trapp Posted in Top 50 DUI Arrests of All-Time 1 Comment »

The 58-year-old singer was arrested in December 2002 after she was seen driving the wrong way on a road in Tucson. She was found to be more than two times the legal limit, and pleaded no contest to a resulting charge. She was allowed to enter her plea telephonically and did not have to return to Arizona for either that court appearance or to serve her sentence.  She was allowed to serve 48 hours at a jail in Greenwich, Connecticut.

Prosecutors in Tucson, Arizona, later fought to have the veteran star incarcerated again, claiming she was allowed to come and go as she pleased during her 48- hour stay at the Greenwich, Connecticut facility.  Arizona Magistrate T. Jay Cranshaw initially agreed that Ross had failed to serve her allotted time, saying she left jail three times and had been released an hour early. But Judge Cranshaw reconsidered his ruling after appeals by Ross™ lawyers.  In the end she escaped returning to jail again on the DUI charge after the judge ruled she had already completed her two-day sentence.

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Glenn Campbell

February 19th, 2007 Allen Trapp Posted in Top 50 DUI Arrests of All-Time No Comments »

 Back in 2003 country singer Glen Campbell pleaded guilty to extreme drunk driving and leaving the scene of an accident.  Under the plea agreement in Maricopa County Superior Court, Campbell was sentenced to 10 days in jail. He was eligible for work furlough after 48 hours and served 75 hours of community service.

  An aggravated assault charge was dropped.  Campbell was arrested in November near his Phoenix home after leaving the scene of a minor traffic accident. He was accused of kneeing a police officer after being taken into custody. The officer wasn’t hurt.

  Extreme drunk driving applies to a blood-alcohol level of 0.15 or higher. Police said breath tests on Campbell showed he had a 0.20 blood alcohol level at the time of his arrest. The legal limit for Arizona drivers is 0.08.

  Campbell blamed his arrest on the accidental mixing of alcohol and a prescription anti-anxiety drug.

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Dick Cheney

February 16th, 2007 Allen Trapp Posted in Top 50 DUI Arrests of All-Time 1 Comment »

  Cheney’s first DWI conviction came in November 1962 when he was 21. According to the docket from Cheyenne’s Municipal Court, Cheney was arrested for drunkenness and “operating motor vehicle while intoxicated.” A Cheyenne Police Judge found Cheney guilty of the two charges and hit him with a 30-day suspension of his driver’s license. Cheney also had to forfeit a $150 bond posted at the time of his arrest. Further information about the case - such as the defendant’s blood alcohol content or whether Cheney was jailed following the arrest - is unavailable since other court records from that period have been destroyed, according to Wyoming officials.

  Details of Cheney’s second Wyoming arrest in July 1963, have also fallen victim to time and records destruction practices at the local Municipal Court. But a police arrest card maintained by the Rock Springs Police Department shows that Cheney was fined $100 for his second DWI conviction. The card lists the charge against Cheney, who was then working as a groundman laying power lines, as “11-44,” the criminal code classification for drunken driving, according to Police Chief Neil Kourbelas. At the time of the Rock Springs arrest, Kourbelas said that local cops and judges would not have known that young Cheney was a repeat offender. The police department, Kourbelas said, “wouldn’t have had the ability to automatically check with other jurisdictions to find out if anyone had prior arrests or convictions. We could have arrested Jack the Ripper back then and had no idea what he had done.”

Since that second Wyoming arrest, Cheney has not been cited for DUI.

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George W. Bush

February 16th, 2007 Allen Trapp Posted in Top 50 DUI Arrests of All-Time No Comments »

  The future President was charged with DUI on September 4, 1976, near the family compound in Kennebunkport, Maine.  He entered a guilty plea the following month, was fined $150, and had his privilege to drive in Maine suspended.  He did not have to deal with jail time, community service, a substance abuse evaluation, or suspension of his Texas license…like similarly situated people today.

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MADD SAYS .14 DOES NOT JUSTIFY DUI ARREST!

January 16th, 2007 Allen Trapp Posted in DUI Arrests That Made the News 1 Comment »

OCEAN CITY, MARYLAND Mothers Against Drunk Driving praised Ocean City Police on Jan. 11 for officers handling of the Oct. 29 traffic stop and non-arrest of Delaware State Rep. John C. Atkins. MADD representatives were particularly quick to support decisions made by Officer Douglas A. Smith, OCPD’s toughest DUI enforcement officer, who along with trainee Natalie R. Smolko, performed the stop.

 

OCPD came under fire when news broke that Smith and Smolko stopped Atkins, who was swerving in his car and blew a .14 in his preliminary breath test, but decided against making a DUI arrest. We feel very confident that the officers followed the proper procedures and protocols, said Caroline Cash, executive director for the Chesapeake Region of MADD.
The decision to not arrest was made based on Atkins speaking clearly and not fumbling when retrieving his license and stepping out of his vehicle. The fact that he blew a .14 was irrelevant in Smith’s decision not to arrest since PBT readings are not admissible in court, Ocean City Police Chief Bernadette DiPino said.

It’s allegedly on this sole principle of Maryland law that the Ocean City, Maryland Police Department claims they had no grounds to arrest Rep. John Atkins. Even if we accept the unverifiable and unlikely claim that the police detected no other indicia of impairment (unlike any other person I have ever represented who was anywhere close to .14), we do have the following clues:

1) His car was swerving between two lanes of traffic.

2) He reeked of alcohol.

3) There were several empty beer bottles on the floor of the vehicle.

4) His eyes were glassy and bloodshot.

5) He admitted to drinking alcohol that evening.

These facts would have been more than enough to justify an arrest in Georgia, and when you add in a portable breath test result that was positive, which is what we call it when you blow a .14 in Georgia, I know of no police officer in Georgia who would not have arrested a regular citizen under the same circumstances.

So, despite the Ocean City Police denials that there were any other clues of Atkins intoxication besides the portable breath test result, the only people sufficiently clueless to believe their claims are the guardians of morality - MADD.

Now if only the Delaware State Police can explain why they sent an officer down to Ocean City to drive the legislator and his wife home.

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Judge Arrested for DUI Gets Revenge.

August 5th, 2006 Allen Trapp Posted in DUI Arrests That Made the News No Comments »

This article appeared on the website of Channel 9 News in Denver.

DENVER (AP) - The Colorado State Patrol says it is working with the state attorney general’s office to determine how to react to a federal jury’s decision to award $1 million to a municipal judge it held was wrongly arrested on a drunken-driving charge.

Jurors found Friday that trooper Cpl. Kevin P. Turner did not have probable cause to arrest John S. Wilder of Monte Vista for drunken driving or prohibited use of a weapon, and did not qualify for immunity from a lawsuit as a public employee.

It was the second time the case had gone to trial. Wilder lost in 2004 but was granted a new trial. Wilder said he had tried to settle the case, unsuccessfully offering to drop the case without receiving any money if the patrol revised its arrest procedures.

“The Colorado State Patrol is shocked and disappointed in the decision reached in this case and we are working very closely with the state attorney general’s office in determining the most appropriate steps to take. The trooper involved in case, who is now a corporal, is a nine-year officer with a solid reputation,” said Maj. Jim Wolfinbarger, a State Patrol spokesman.

Kristin Hubbell, spokeswoman for the state attorney general, said, “We’re going to look at our options,” Hubbell said. “However, we believe the trooper acted properly and we presented a strong case.” Turner declined to comment.

Turner stopped Wilder in November of 2001 and said the judge smelled of alcohol and his eyes were watery. In court documents the judge said he had drunk one glass of wine 10 minutes before he was stopped.

The judge told the trooper that he had a handgun in the car and that he had a license to carry it.

After Wilder refused a roadside sobriety test he was arrested. He also was charged with prohibited use of a weapon because state law bans carrying a gun while drunk.

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