In February numerous news outlets reported that Bruce Springsteen “The Boss” was arrested for DUI in New Jersey. Later reports indicated that he blew only a .02 BAC on a breath test. How is this possible?
The reports stated he scored a 4 out of 6 on the horizontal gaze nystagmus test (the eye test), and a 5 out of 8 on the walk-and-turn test. The results of the one-leg-stand test are not listed. These are the three standardized field sobriety tests used for DUI/DWI/OWI arrests throughout the United States.
The officer also reported he saw Bruce drink tequila, and that he, “smelled strongly of alcohol coming off of his person and had glassy eyes.”
First, the officer would need reasonable suspicion to detain Springsteen to begin the testing procedure. If he saw the consumption of alcohol (at least in Iowa), this would suffice. After some questioning, the officer would have moved through the three tests as listed above, and would have noted the “points” Springsteen scored. In this situation, points are “indicators of impairment,” and a driver would want to score zeros. The report also states Springsteen took 45 steps on the walk-and-turn instead of the required 9, turnaround, then 9. Whereas that sounds like a big deal, it’s technically only one point off, for “incorrect number of steps.” But with that kind of performance, it’s likely he stepped off the line, and made the incorrect type of turn for 2 more points off.
After the scores of 4/6 HGN, then a 5/8 WAT, and unknown on the OLS, the officer would have asked for a preliminary breath test (PBT), which apparently Springsteen refused. At that point he was either arrested, or otherwise transported to another location for further testing.
Down at the station, the breath result of .02 was probably gathered.
So how is it possible he was charged with DUI when the legal limit is .08?
Firstly, the .08 is not a bright line that helps the driver. It only hurts the driver. If a driver blows over .08, but passes all tests and is completely “sober,” the driver is still guilty of OWI as a “per se” violation. This means that no matter what, if a valid breath test down at the station exceeds .08, that person can be found guilty of OWI.
Secondly, some people can be intoxicated at a BAC less than .08. If someone has a low tolerance for alcohol and is falling-down-drunk at .05, they would still be guilty of the crime.
Finally, there are many substances aside from alcohol that can cause impairment. Blowing a .02 but using prescription or illegal drugs that create a combination of impairment is also illegal.
Of course it is also possible that the officer made a mistake, he became upset when Springsteen refused the PBT and placed him under arrest to save face. We can only guess.