rotterdam
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They should have tested him, but if they didn't, nothing can be done about it now. But he doesn't look all drunk on his police walk tape, does he? I mean, people were saying how he has no sever injuries since he can walk normally with his hands behind his back.
BBM The way I read the statute is that if he did not look drunk/intoxicated there was no probable cause for testing. Only if he was lawfully arrested(which he was not) , the "must do the test" comes into the picture.
790.153 Tests for impairment or intoxication; right to refuse.
(1)(a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed