Home » DUI Arrest Procedures
By Morgan Brickley
When it comes to DUI, police are concerned primarily with the safety of drivers. However, when that goal starts to impinge upon the interests of local bars and restaurants that depend upon a steady flow of happy customers, a compromise might be in order.
Just such a situation has arisen in the city of Cape Coral, Fla., where a group of downtown bar and restaurant owners were concerned that the frequency of local police’s DUI checkpoints was hurting their businesses, according to a report from ABC 7.
Along the Cape Coral Parkway, an area filled with numerous bars and restaurants, DUI checkpoints were becoming a more and more frequent sight.
While the flagging economy may certainly have contributed to slow business at some of these restaurants, local business owners have recently voiced the suspicion that the DUI checkpoints may also be hurting their bottom line.
Leapin’ Lizards is a bar in the area that has experienced just such a lag in business. Bar owner May Ann Evans told ABC 7 that, rather than the economic conditions, customers are deterred by the police presence on the roads: “They’re just not going through the aggravation. They will avoid going to an area that’s just plagued with constant checkpoints.”
Evans and other business owners in the area have asked police to help find an alternative to the checkpoints that will maintain safety on the roads without compromising businesses in the area.
Recently, according to the report, local police have stated a willingness to massage their strategy by way of compromise.
Cape Coral Police Chief, Rob Petrovich, recently told the media that he is open-minded about compromise, and that he is considering saturation and foot patrols, which help deter drunk driving in a way that bar and restaurant owners consider to be more amendable to business.
“My dream,” Petrovich told ABC 7, “is for their parking lots to be full, for them to be fruitful and at the same time – everybody be safe.”
One local owner welcomes the new strategy. “Hopefully they’ll cut back a little on that and there will be a more personal relationship with the officers rather than a show of force kind of deal,” said Ed Sheridan, the co-owner of Eddie Fishbowls.
The bars and restaurants in the area have agreed, in turn, to explore creative ways to help prevent drunk driving, like taxi shares.
By Morgan Brickley
Over the Halloween holiday weekend, law enforcement outfits nationwide cracked down on intoxicated drivers by implementing special DUI checkpoint locations on roadways.
Across the state of Delaware, law enforcement officials reported 39 DUI-related arrests just this weekend alone, according to Delaware’s Daily Times.
Not only were 39 drivers apprehended for DUI, but officers also arrested nine citizens on the ‘wanted’ list; made 11 drug-related arrests; 11 felony arrests; and cited 11 minors for underage drinking. Various other traffic violations accounted for an additional 122 tickets.
By Erin K
In the state of Montana, some believe that a culture of drunk driving and DUI arrests has become so ingrained in the community that only a community-wide change can lead to a decrease in DUI arrests and accidents.
In a recent DUI court case, a surprising number of those involved in the case had been affected by drunk driving, bringing to light the pervasiveness of DUI in Montana’s culture, even at the highest levels.
Greg Barkus, the defendant in a DUI case in Flathead County, Montana, was accused of operating a speedboat while under the influence of alcohol when he ran it into the shoreline.
According to the prosecution, his blood alcohol level was twice the legal limit when the incident occurred. Barkus, a Republican state senator, had been arrested for drunk driving before.
Barkus’ DUI attorney in the case was a man who had himself been arrested for DUI before. The lawyer’s case was dismissed however, because the police officer who would’ve testified in the case was killed by a drunk driver.
In addition, the Barkus case prosecuter’s deputy attorney had a previous arrest for DUI, as did the ex-husband of the case’s original judge.
Across Montana, numerous judges, attorneys, lawmakers and celebrities around the state have faced DUI arrests. Public prominence seems to play no part in the demographic of those impacted by drunk driving.
While certainly many people across America have felt the impact of DUI arrests on friends, family and community, the Barkus case is a microscopic view of a larger problem.
Montana, which ranks among the highest in U.S. states in terms of the rate of alcohol-related vehicle accidents, has a culture of fierce independence, in which citizens are wary of giving up their personal rights.
DUI laws took longer to reach Montana, even as other states adopted them, and a colonel in the Montana Highway Patrol has stated that the prevalent culture in the state is to view drinking and driving as “Montana birthright.”
Advocates of tougher DUI laws in Montana argue that a reduction in DUI-related accidents ensure a more universal right: the right to safer roads. The only way, in their eyes, to solve the problem is to change the culture of drinking and driving in Montana, so that peer pressure and community awareness drive positive change where lawmaking may fall short.
By Erin K
Since 2007, DUI arrests for women has risen almost 30%. We see this increasing trend with many female celebrities who have been arrested for suspicion of drunken driving.
Heather Locklear was arrested back 2007 for suspicion of drinking and driving in Santa Barbara, Cali. A concerned driver on the road called the police stating Locklear was driving erratically on the road.
She plead no contest to DUI but pled guilty to a lesser charge of a misdemeanor of reckless driving. She paid a $700 fine and was sentenced to attend a 12 hour drug education program and placed on three years’ probation.
Lindsay Lohan received her DUI offense in 2007 as well. She pled no contest to driving under the influence and received three years probation. The judge also ordered her to serve 10 days community service, spend 30 days in drug rehab and complete an 18 month alcohol education program.
Her probation was recently extended as a Beverly Hills judge stated Lohan did not complete the required treatment programs because she filmed out of state. Her DUI attorney claims she can finish the required programs and feels they can overturn the extension.
Actress Joyce Dewitt was arrested in July of 2009 under a suspicion of a driving under the influence. She allegedly drove through a barricade attracting the local police department.
When they walked up to her car they could smell alcohol. They gave her the regulated field tests and afterward she was arrested. Dewitt was released after posting $5000 bail.
Is there a connection with female celebs and the increasing percentage of females being arrested for driving under the influence? Many might look up to these famous women and follow the trend. Or could it be the increasing pressure of the economic times as many women are strong in the workforce.
At this point there are many possibilities as to why this is on the rise with woman in the U.S., but it’s only speculation at this point.
By Erin K
Maryland Delegate Herman Taylor II was recently acquitted for his past DUI conviction. This reversed the prior conviction in which he was found guilty of drinking and driving. He was fined Taylor was found guilty and fined $250.
Taylor was found in the parking lot of a 7-Eleven convenient store passed out in his Cadillac SUV in the around 3:30 am.
The arresting police officer, Peter Johnson said he smelled alcohol on Taylor’s breath when he found him passed out in his vehicle. He seemed disoriented and confused.
He also failed several sobriety checks and after he failed to walk on the white line without stumbling, Taylor refused to take any additional tests. Johnson then arrested him.
He did not cooperate at the station either according to police testimony and when he blew into the breathalyzer he pretended to blow but did not release any air, making the test invalid
The officers’ recorded the episode as a refusal to give a sample.
With the new trial, Taylor claimed he pulled over at the 7-Eleven to catch some rest as he was very tired. He saw police in the parking lot of the establishment and thought he would be safe.
He stuck by his decision to pull off the road stating it was the right choice
In this appeal trial, four jurors who were interviewed stated the prosecution did not prove the Delegate was passed out in his vehicle due to being under the influence. They did not have any hard evidence to support their case more than he was just exhausted.
Taylor’s attorney stated that his client was merely sleeping in his Cadillac. He was exhausted and pulled over into the 7-Eleven.
The prosecution in their rebuttal claimed that Taylor was unwilling to cooperate when police asked him to take the breathalyzer and that he smelled like alcohol when he was arrested.
According to the jury this was not enough to convince them that Taylor was drunk when he was in his vehicle and did not feel this was enough for a DUI conviction.
Taylor is known for his campaign to have special license plates for people who were convicted of drinking and driving under the influence to identify them as DUI offenders.
By Erin K
There are certain aspects to a night out on the town which most people consider before leaving for the festivities.
“Did I bring enough money?”
“Do I have clean underwear on?”
“Did I find a designated driver?”
All are completely legitimate questions. Now the question of “who do I call from jail when arrested for DUI?” has somewhat of an answer for those who find themselves in a watering hole in Utah between now and Sept. 7th.
The new program is designed to give callers a feeling of what it would feel like to have to make that call – giving them a sense of what their mamma will say, how their spouse will react or how their Priest will have them atone for their sins.
Sounds incredibly awkward- it’s suppose to.
Teaming up together is the Utah Highway Patrol and a group of local Utah bars in the hope of letting people practice an uncomfortable call from the local lockup.The group hopes to help dissuade drinking and driving.
After all, what is more sobering than having to call your mother, father, spouse and let them know you are in the clink for a DUI offense?
A phone number has been set up to reconstruct what it would feel like to make a call after a DUI arrest. After dialing 1-877-JAIL-FON, the caller is given the option to talk to a frantic mother or a disapproving father, among others, such as an angry spouse and even a less than enthused coach and priest. A prerecorded message then plays one end of what the conversation might sound like, with the caller filling in the other half.
Slogans associated with the campaign include “Getting a DUI is easy, calling your mom from jail is hard.”
Maybe it is a testament to the overly stimulated mind of our youth which are no longer scared straight by group visits to the morgue to see a result of a drunk driving accident, or stand face-to-face with a cell mate from Block ‘C’ who is serving life for vehicular manslaughter.
But what these local bars and the Utah Highway Patrol are banking on is that young people partying are still very scared to feel the wrath of their parents for such decisions of stupidity, and a late night partier is still extremely scared to inform their spouse of their decision to stay late and drink it up rather then make their way home.
In either case, the results should hold up as a new dynamic to the fight against drunk driving in the great state of Utah.
By Erin K
Travis Peterson decided he was too drunk to drive home after attending a Dave Matthew Band Concert. The 19-year-old tried to sleep off his buzz in his car, but was awoken by a state trooped who ordered him to clear the lot.
After Peterson left the lot, just south of Milwaukee, to drive to his house in Dixon, Ill., he was pulled over and arrest for drinking and driving. Peterson was found guilty of DUI and ordered to 60 days in jail.
On Wednesday, July 15, a Wisconsin appeals court ruled in favor of Peterson, commending him for trying to sleep his buzz off instead of driving. The appeals court ruled that the DUI court was wrong not to let Peterson argue police had entrapped him.
“Drinking alcohol to excess, while inadvisable and unhealthy, is not unlawful by itself,” the press reported the appeals court as saying.
Peterson’s age was not addressed by the appeals court.
Source: The Chicago Tribune
By Erin K
On Monday, July 7, a judge acquitted a man on DUI charges because police denied the suspect the right to call a DUI lawyer on his cell phone.
According to Ontario Court Justice Randall Lalande, Harvey Whidden’s constitutional rights were violated when he was pulled over on June 13, 2008.
Whidden had been waved into a vehicle safety inspection lane operated by the police because his windshield had a crack in it.
When Whidden pulled over, police noticed empty beer bottles in the bed of his pickup truck. Police also noticed he smelled like alcohol, and his speech was slowed.
The police asked Whidden to take a breath test, but the officer didn’t have a breathalyzer with him. While they waited for a breathalyzer to be brought from the station, the police officer didn’t allow Whidden to use his cell phone to call a DUI attorney.
The judge ruled that since the officer knew Whidden had a cell phone, he should have allowed him to use it to call an attorney.
According to the judge, the police waited about three hours when Whidden was at the police station and formally issued a demand for a breathalyzer before allowing him to call a lawyer.
Source: The Sadbury Star
By Morgan Brickley
Police officers in Vista, Calif. set up a checkpoint for drivers last weekend – and they really laid down the law.
According to the North County Times, four DUI arrests were made at the checkpoint, and 25 citations were issued for various offenses.
Among the crimes cited were marijuana possession, driving without a license, child seat violations and lack of insurance.
The North County Times also reported that more than 500 cars passed through the checkpoint and about 400 of the cars were inspected. Due to lack of insurance or unlicensed driving, 17 cars were impounded.
With so many cars going through a roadside checkpoint, it’s hard to know if the officers in charge are actually following the law. You should know state DUI laws when it comes to DUI arrests.
If you are cited for a violation at a police checkpoint, make sure you know your rights before proceeding through a trial. A DUI attorney can help clarify questions specific to your case and your local laws.
By Editor
ABC 11 in North Carolina reported that six police officers were arrested on charges related to changing DWI records and charges.
Each of the officers faces multiple felony charges. One officer is facing 65 felong counts!
So what does this mean for your DUI trial?
It means that there may be challenge to the evidence in your DUI case. There are strict procedures that poilce must follow during a DUI stop and during collection of evidence.
If these procedures aren’t followed – accidentally or purposefully – you may be able to challenge your case.
First, know your state’s DUI laws. Then, you may want to ask follow-up questions to a local attorney who can offer advice on the some of your options.
Above all, stay on your toes. You never know who was writing your ticket.
