Detained For Refusing Optional Eye-Follow Test At DUI Checkpoint
The Austrian Insider, who posted this, said the "pen test" -- where you follow a pen with your eyes -- is optional, and according to what I read on numerous DUI lawyer websites, he's correct.

I know the breathalyzer test (in California) is mandatory. But that's not what he was asked to take.

I emailed The Austrian Insider, whose name is Sean Aranda -- thanking him and saying something I wish more people would consider (that last bit):

Thanks so much -- and for standing up to the guy. Every time people knuckle under and give up their civil liberties it makes them that much easier to yank them away from all of us.

I also asked him to write about the "optional" thing, so I could post it with the video. He emailed me back:

I wrote an email to citizensreviewboard@sandiego.gov stating my complaint about wrongful detainment.

Everywhere I am being told that they do not have the right to detain you without suspicion of drinking, and refusing their test is not suspicion. I have read everywhere that those pen tests can be refused. The officer was very rude to me the entire time, making a point to tell me over and over how I am the one uncooperative person of the night. He didn't believe I wasn't on probation, asking me multiple times and rolling his eyes. Only after my license came back clean and I blew a .000BAC did he become nice and try to shake my hand.

I made it a point multiple times during my off camera encounter to ask him if the pen test was optional, he said "yes" every time, and each time I would say "how is it is optional if I ended up here?" to which he never respond.

What I'd like to see is more people following his lead (and, I guess, mine with the TSA) -- standing up against civil liberties violations and intimidation by government employees in positions of power.