When Dustan Carpenter was pulled over in Fort Pierce, Florida, his speech was slurred, he had bloodshot eyes, and he couldn't keep his balance. He then told his soon-to-be arresting officer he's "not taking no sobriety test, I done seen it on the Mythbusters."
According to a recently released affidavit, Carpenter, 35, was pulled over last Wednesday night for driving his Ford Focus with the headlights off. Carpenter reeked of booze, and claimed to be coming from Applebee's where he supposedly had one beer.
When another officer arrived to conduct a field sobriety test, Carpenter refused citing the aforementioned Mythbusters defense. When the officer asked Carpenter if he would take a breathalyzer test, Carpenter replied "I ain't doing none of that."
In the affidavit, the officer described his last question to Carpenter before taking him to jail.
I read Carpenter implied consent from my department issued card and asked him if he still wished to refuse, Carpenter stated "fuck yeah."
Local paper TC Palm points out that the Mythbusters have not done any evaluation of sobriety tests used by law enforcement officials. The Mythbusters have confirmed that drinking can make you feel warmer and found that it possibly can make people look more attractive, but neither of those myths support Carpenter's case.