DALLAS, TX -
A Dallas art student, Deilli, remembers asking the Dallas Police officer to stop. "He was pepper straying me in my ears, nose and eyes while I was yelling don't, please". The 22-year old, who didn't want us to us his full name says he told the officer that he has cystic fibrosis during an arrest for public intoxication last year.
"I was so scared", says Deilli, who added that he does not drink. He says he was arrested and taken to jail after a night out with friends on Greenville Avenue. "The whole time I was asking what I was being arrested for. I wanted them to give me a breathalizer test".
It is a common complaint in Dallas that police sometimes arrest those people who aren't even tipsy. It isn't part of the current policy to give public intoxication suspects a breathalizer or field sobriety test.
"I would say that in many cases people are being taken to jail without an investigation being done or even probable cause to arrest them, says attorney Jonathan Apgar, who represents those charged with public intoxication. Apgar says police need to make sure the innocent don't get snared. "Police officers are not gathering other evidence by using the field sobriety checks. They are saying I smell alcohol and then taking people to jail".
Police admit the procedures may snag people who are not intoxicated. Officers rely on a checklist from an arrest report that includes slurred speech and bloodshot eyes. Lt. Andy Harvey says the policy is being changed to allow an officer to add more information to the arrest report, but field sobriety tests are still up in the air. "We are looking to improve our policies and that may be one of those ways to eliminate those improper arrests", says Harvey.
For Dielli the changes can't come soon enough. He fought the charge, a Class C Misdemeanor and won in court. Police say they aren't sure when the policy might be upgraded. The changes were delayed, officials say, because of budget problems.
"I was so scared", says Deilli, who added that he does not drink. He says he was arrested and taken to jail after a night out with friends on Greenville Avenue. "The whole time I was asking what I was being arrested for. I wanted them to give me a breathalizer test".
It is a common complaint in Dallas that police sometimes arrest those people who aren't even tipsy. It isn't part of the current policy to give public intoxication suspects a breathalizer or field sobriety test.
"I would say that in many cases people are being taken to jail without an investigation being done or even probable cause to arrest them, says attorney Jonathan Apgar, who represents those charged with public intoxication. Apgar says police need to make sure the innocent don't get snared. "Police officers are not gathering other evidence by using the field sobriety checks. They are saying I smell alcohol and then taking people to jail".
Police admit the procedures may snag people who are not intoxicated. Officers rely on a checklist from an arrest report that includes slurred speech and bloodshot eyes. Lt. Andy Harvey says the policy is being changed to allow an officer to add more information to the arrest report, but field sobriety tests are still up in the air. "We are looking to improve our policies and that may be one of those ways to eliminate those improper arrests", says Harvey.
For Dielli the changes can't come soon enough. He fought the charge, a Class C Misdemeanor and won in court. Police say they aren't sure when the policy might be upgraded. The changes were delayed, officials say, because of budget problems.
