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In the USA a law officer can make an arrest without a warrant in certain circumstances. Probably the most common is an arrest for drunken driving. Based on the observation of an automobile driving recklessly, a policeman can stop the vehicle and if the officer smells alcohol on the driver, he or she may ask the driver to step out of the car and:
1. Ask the driver to take a portable breath testing analyzer;
2. Ask the driver to walk a straight line.
If the breath test device is unavailable and/or the driver refuses to take it and/or refuses to walk a straight line. The officer can read the driver his or her rights and make an arrest.
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