So you're right, he passed it with flying colors but the cop chose to arrest him anyway.
That does seem to be the problem. The cop could have arrested Boston based on the fact that Boston fell asleep in traffic. That's probable cause right there. When the cop decided to give Boston a field sobriety test, the implication is that if Boston passes the test, he should not be arrested. If he was going to be arrested even if he passed the test, then why give the test? Why not just arrest him and take him down to the station?I don't see how anyone can watch that video and think that Boston didn't pass the test. He didn't obey all the instructions such as counting out loud, but he showed fine balance and proprioception, and his speech was not slurred.
Moreover, I think the cop gave false information to Boston. Boston asked if he could take a breath or blood test instead of the field sobriety test, and the honest answer is yes. Taking a field sobriety test is voluntary. Boston could have opted out, and it was obvious that he wanted to. The cop mislead him into thinking it was mandatory.
Also, when Boston wanted to call his lawyer, I don't know how the cop could tell him he wasn't allowed to. Either Boston was not under arrest, in which case he should have been free to leave (and to call his attorney), or he was under arrest, in which case he had a right to an attorney before answering any questions (or doing the FST). It's been about thirteen years since I had Crim Pro, but I think the cop gave incorrect information to Boston in both of those areas. I know it's not illegal for cops to lie to suspects in general -- but it may be illegal to lie about whether someone has a right to consult with an attorney ("illegal," that is, in the sense that any information obtained from the suspect as a result of refusing him the right to consult with an attorney would not be admissible).
Does anyone here know why Boston would
not have had the right to consult with his attorney if he wasn't (yet) under arrest?