Wow! What makes you think that smell is the only factor that causes the arrest. The fact is that smell has little,or nothing to do with the actual arrest, All those substances do impair your motor skills. The degree of motor skill impairment is what causes the arrest and driving impaired from any of the above substances is in actual fact driving under the influence.

It never ceases to amaze me how narrow minded some people can be, Alcohol and/or drug induced impairments kill more people every year than any other crime. If an officer takes an impaired driver off the street it is likely that they saved someone's life. It is a case of "if you buy the ticket you should take the ride." If you don't want to get arrested for driving under the influence then don't drink alcohol,or ingest drugs and then drive.

Marijuana, cocaine and pharmaceuticals may no odors, but they all show physical signs of their presence and they all impair your motor skills. It is this impairment that causes the arrest, not the substance itself. A blood test will determine the substance later.

Field sobriety tests are not designed to get you arrested, They simply measure the degree of impairment of the driver. If the driver is impaired then the officer has no discretion and must arrest. The place to fight the arrest is in the court and not on the street.

If you fail the roadside sobriety tests, indicating that you are impaired, but the PAS breath test records no blood alcohol level, the California Vehicle Code assumes that drugs or medications have caused the impairment and qualifies for must take offense.The arresting officer has no discretion in the matter. The court is the place to fight this battle, Not the street.

In California DUI is not a "may take" crime. It is a "must take" crime. That means that police must make the arrest, if roadside sobriety tests determine that the detainee is intoxicated or if roadside sobriety tests are refused and therefore can't be administered at all and police aren't able to determine blood alcohol level in any other way, then the assumption must be made that the person detained and refusing or unable to complete the tests,the detainee is again assumed to be intoxicated and must be arrested.

I absolutely agree with you and on its face the court decision is a victory foe sanity. I just think there is evil hiding under every rock, so we have to be aware and not just take things at face value. It brings to mind the adage "Beware of Greeks bearing gifts."

The UK has a large Muslim population and teeters on the establishment of Sharia law. Could it be that the Supreme Court decision while a appearing like a victory actually has a more sinister agenda?