How the hell does this work exactly?

Reason Magazine - Hit & Run > DWI Follies:

"A Lancaster, Ohio man was arrested for driving while intoxicated despite repeatedly blowing 0.0 on a breath test. The double standard here is that blowing a .08 or higher is generally an automatic conviction. But blowing 0.0 can still trigger an arrest.

The police officer says the man failed a roadside sobriety test. That doesn't mean much of anything. The roadside sobriety test is a farce, with no scientific research whatsoever to attest to its effectiveness. A couple of years ago, the Washington Post published a terrific article on the test, including its ridiculous history, the lack of peer-reviewed scientific data to back it up, and how the federal government and police departments across the country have for 30 years been using it to arrest drivers, anyway.

Also, in New Hampshire, a man was arrested and charged with a wiretapping felony for running an audio recording device during a DWI stop. I really can't see a reason why it should ever be illegal to record, photograph, or videotape a police officer while he's on duty."