In Arkansas, failure to yield to the breathalizer has the same penalties as a DUI. I guess in 'bama you can refuse and nothing happens. I'll keep that in mind next time I'm loaded and tooling down the Alabama highways.
I hope that old codger realizes just because he got off in court doesn't mean he's innocent. I don't want to cast any stones because I've driven home when I shouldn't have before. But I hate seeing celebs slide on shit like this when no one else gets these breaks. I have a hard time believing the 'bama head honchos would be hypocritical enough to give him his job back.
First, you'd be surprised how hypocritical Bama is, they look after their own.
Second, concerning DUI (alabama) or DWI (as arkansas calls it).
The legal limit for both alabama and arkansas is 0.08 alcohol blood content. Depending on weight, gender, if you just ate or not, time that has alloted since last drink, etc. .08 is about two or three drinks, maybe more if you are a bigger guy.
Every person has the right to refuse anything from the police, albeit: questioning, searching your shit, or a breath test.
But you are right, ARK punishes a person if they refuse a breath test, where as AL does not:
ARK Code 5-65-205. Refusal to submit to chemical test
(a) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency, as provided in § 5-65-202, no chemical test shall be given, and the person's motor vehicle operator's license shall be seized by the law enforcement officer, and the law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license was seized a temporary driving permit, as provided by § 5-65-402.
(b) The Office of Driver Services shall then proceed to suspend or revoke the driving privilege of the arrested person, as provided in § 5-65-402. The suspension shall be as follows:
(1)(A)(i) Suspension for one hundred eighty (180) days for the first offense of refusing to submit to a chemical test of blood, breath, or urine for the purpose of determining the alcohol or controlled substance content of the person's blood or breath.
(ii) However, if the office allows the issuance of an ignition interlock restricted license under § 5-65-118, the ignition interlock restricted license shall be available immediately.
(iii) The restricted driving permit provision of § 5-65-120 does not apply to this suspension.
(B) The office, in addition to any other penalty, shall deny to that person the issuance of an operator's license until that person has been issued an ignition interlock restricted license for a period of six (6) months;
But just cause you get your license revoked doesn't mean you are SOL. ARK has the ignition interlock license thing. If your Drivers License is suspended cause you refused, you can get the ignition interlock license for whatever period of time your license is revoked. All it is, is a little system installed in your car. You have to blow in it every time you want to go somewhere. If you are below 0.05 alcohol blood content, you can start your car. If above, your car won't start.
As far as stabler, i'm not surprised the judge let him off. It is unfair. A young 22-28 year old with the exact same testimony and evidence against him would be toast. JUSTICE FOR ALL (except for bammers in front of bammer judges)