Unfortunately the rate of having a DL unconfiscated as a result of a DUI bust is very high. DAs are loath to hazard the "implied consent" crap if a citizen fights via the 4A aspect. A uppity citizen who desires to stick it to the man would likely have this "implied consent" crap tossed out with yesterdays dead fish. No judge would want to be known as the judge who upheld a bust for a citizen who could not be proven to have actually been driving while also under the influence.
I was pulled over because a cop saw me take a drink from a green beer bottle shaped container (in a neoprene coozie/hugger).
What follows is a brief and paraphrased account.
Cop: Excuse me Sir, do you know why I stopped you?
Me: Nope.
Cop: I stopped you because I saw you take a drink from that bottle there in your console.
Me: No law against that.
Cop: Sir, drinking and driving is a criminal offense.
Me: No, it is not.
Cop: Yessir, drinking alcohol while driving is a criminal offense.
Me: Yessir, drinking alcohol by the driver while driving is a crime.
Cop: Have you been drinking that beer?
Me: Yessirr.
Cop: Step out of the vehicle please, Sir.
Me: Sure, can I finish my beer?
Cop: Well, no.
Me: C'Mon, I have one swig left and it is still cold.
Cop: If you insist.
Me: (Take bottle out of coozie and a O'Doul's is made evident) Thanks.
Cop: Uh, well Sir, you do realize that another officer may not know that O'Doul's is a non-alcoholic beverage under state law.
Me: Then that cop would get sued into poverty. Am I free to go?
Cop: You are free to go.
True story. It was not fair of me to lead that cop on like that. But, he did know the law, so I do consider myself lucky is some small aspect.
That cop is now a close friend of mine. He went back and told this story and I got a call from the chief. He was peeved to say the least, but he got the point I made at my buddies expense. The chief knows I OC when I can and as often as I can. My wife has 100% control of my right to OC based on my designated and approved attire. The cops at my cop shop know the law. My cop shop is one of the better ones in my view, good bunch of cops.
The chief did a little training on being a little more investigative in their questioning, instead of assuming what they saw is what they thought they saw. All my buddie had to do is ask me if I was drinking a beer and to show him what kind I of beer I was drinking.
No DUI check points are set up in my little town. The chief knows that a uppity citizen, like me, could make his life and his job very difficult. Be a cop and do what cops have always done, good and tried and true police work. Check points are not police work, they're fishing expeditions in the hopes of hooking big monetary fines. Nothing more and nothing less.