What Did Bieber Blow?

Justin Bieber Mug Shot

Justin Bieber Mug Shot

Pop star Justin Bieber was arrested in Miami the other day and charged with DUI, Resisting an Officer, and Driving on an Expired License. These are all criminal charges in Florida, albeit misdemeanors. There was evidence of racing, which is also a criminal charge, though he has not been charged with racing at this time. Racing charges are notoriously hard to prove. Gawker has obtained the police report, and you can read it online (warning, lots of F-bombs).

Possibly Bieber's Expired DL, unverified

Possibly Bieber’s Expired DL, unverified

Something that jumped out on the police report is that the officer indicates he asked Bieber to submit to a breath test, and that Bieber agreed to do so. However, he did not include the results of the breath test on the probable cause affidavit obtained by Gawker. That’s odd. It’s not required to be in there, but you’d think if he had an unlawful breath alcohol level, that the officer would want to include that. Bieber then apparently submitted to a drug screen, which generally doesn’t reveal results until it comes back from the lab (if they had done merely a presumptive field test, it would not be admissible in court in Florida). I want to know what Bieber blew on the breathalyzer test: this DUI may not be going anywhere. The resisting is kind of thin, especially since the DUI arrest is pretty thin. The officer did not do field sobriety exercises until AFTER he had charged Bieber.

There has been some debate whether Bieber would be deported if, which is unlikely, even if convicted. However, deportation could become a problem if he is charged and convicted with a felony for the criminal mischief/vandalism charge he has been investigated for in California. That sounds silly: his neighbor’s house was egged. But the neighbor is claiming thousands of dollars in damage, which could make it a serious charge.

Normally, I follow these things, but it’s Bieber, and it’s silly, so I’m not going to make that promise this time.

UPDATE: MTV is reporting Bieber only blew .011 and .014, below the legal limit for DUI. Note, Florida has an administrave policy requiring a driving suspension for those under 21 if they have BAC (Breath Alcohol Content) greater than .02, which Bieber did not. Unless there is something on the drug screen, the state will probably not file on the DUI charge.

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One response to “What Did Bieber Blow?

  1. Pingback: New Bieber Video Does Not Look Like a Race | crimcourts : A Criminal Law Blog

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