What is the legal test for detention of a motorist who is impaired by alcohol or narcotic intoxication?
California, United States of America
The following excerpt is from People v. Superior Court, 101 Cal.Rptr. 837, 496 P.2d 1205, 7 Cal.3d 186 (Cal. 1972):
17 This requirement is qualified only in cases in which a temporary detention is necessary to permit a motorist to recover from alcoholic or narcotic intoxication sufficiently to be released with safety to himself and to the public. (People v. Yniguez (1971) supra, 15 Cal.App.3d 669, 673, 93 Cal.Rptr. 444.)
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