"But I wasn't driving!" - the "Driving" in "Drunk Driving" May Not Mean What You Think!
Just exactly what it means to be "operating" a motor vehicle is a matter of state law. Is it enough that the car is running, even if it's not moving? What if the "driver" is asleep? Does it count if the keys are in the ignition, even though the vehicle isn't running? The answers to some of these questions may surprise you.
Non-Driving DUI Updates for June 5, 2008
Stuck and Stranded DUI
Sometimes DUI arrests are like shooting fish in a barrel for police officers. That was the case when Michael Delow, 29, of Washington, Pennsylvania was arrested for Pennsylvania DUI after he crashed his car on railroad tracks. Someone reported seeing Delow in his car, which was on its side on the railroad tracks and when police arrived, Delow told them he had been stuck there for three hours. He was arrested for DUI and blood was drawn to determine his blood alcohol content, according to a report by the Observer-Reporter.
Walking Away from DUI
Shelly Kay Snyder, 19, of Belle Vernon, Pennsylvania also faces a Pennsylvania DUI charge after she reportedly left the scene of an accident on foot and was found walking along the interstate. Snyder didn't get far before police located her and arrested her for DUI, leaving the scene of an accident and underage drinking. The Observer-Reporter reported that minors are prohibited from driving after consuming any alcohol.
No Alcohol, Just Exhausted DUI
A high-ranking school official of the Polk County School District in Florida was arrested for Florida DUI after falling asleep behind the wheel of his vehicle at a fast food drive-thru. Jose Farinas, 49, was arrested for DUI but registered a 0.00 percent blood alcohol content on a breath test. A urine test showed only traces of amphetamine, which Farinas has been legally prescribed. Because he fell asleep at the wheel and failed a sobriety test, the officer determined that Farinas was unfit to drive and placed him under arrest for Florida DUI. Farinas says that he had not been drinking but had taken the prescription drug Ambien CR shortly before falling asleep in line at the Taco Bell drive-thru. Farinas and his DUI defense lawyer plan to fight the DUI charges, but if he is convicted he will no longer be allowed to drive vehicles owned by the school district. He has no previous arrests on his record and hopes he will be cleared of the charges, according to a report by the Ledger.
Another DUI on Foot
The Rutland Herald in Vermont reported that a man was arrested for DUI after he was found attempting to flee the scene of a crash on foot. Brent Newton, 33, has pleaded not guilty to the 11 charges against him, including the felony Vermont DUI charge for his fourth DUI offense. Newton refused to submit to DUI testing to measure his blood alcohol content. He was also charged with unlawful trespassing, two counts of criminal mischief greater than $1,000, misdemeanor operating a vehicle with a suspended license, negligent operation of a vehicle, drug possession, resisting arrest, disorderly conduct and simple assault of a police officer. If convicted of all of the charges, Newton could face up to 31 years in jail and a fine of $25,500 and be sentenced to community service. After being notified of the accident, police arrived to find the person who reported the accident following Newton as he walked down the road, away from the crash.
Non-Driving DUI Updates for May 6, 2008
DUI and Child Endangerment
Keith Long of Croydon, Pennsylvania was recently arrested and charged with Pennsylvania DUI and endangering the welfare of a child after police responded to a call and found him passed out in his vehicle with the motor running and his foot on the brake. A small child was in the car with him, sitting in the front seat and secured only with a seatbelt. Long was awakened by police and failed field sobriety tests. According to the Intelligencer, he was given a breath test after his arrest and the test indicated that his blood alcohol content was above the legal limit of .08 percent.
Camping Passed Out DUI
A man who was camping at a trailer park campground in Stillwater, New Jersey was found passed out in his car by police and charged with New Jersey DWI and careless driving. Roman Klisiewicz, 54, was discovered at 1:45 p.m. in the parking lot of a deli and pizzeria with a blood alcohol content of more than three times the legal limit of .08 percent. Klisiewicz failed field sobriety tests, was arrested and later released to family members, according to the Jersey Journal.
Former Buc Pleads Out of DUI Charge
David Boston, a former wide receiver for the Tampa Bay Buccaneers, pleaded no contest to a lesser charge of reckless driving in connection with his August Florida DUI arrest. On August 23, 2007, Boston was seen driving a sport utility vehicle and weaving in traffic before stopping at a traffic light. While stopped at the traffic light, he passed out or fell asleep behind the wheel. When asked to perform a field sobriety test, Boston reportedly failed to walk heel-to-toe and lost his balance. The Suncoast News reported that he also failed other field sobriety tests before being arrested for DUI. Boston has maintained that he was not impaired, but was fatigued at the time of his arrest. A blood test showed no presence of illegal substances in his blood stream. Boston was ordered to attend DUI school and was sentenced to six months' probation. He was also ordered to serve 50 hours of community service, which he will be allowed to buy out and will pay $615 in investigative costs and a $500 fine.
Big-Joe Gets A DUI on Foot
David J. Big-Joe was arrested and charged with felony DUI, leaving the scene of an accident with damage, and driving with a revoked license in Fairbanks, Alaska after allegedly leaving the scene of an auto accident. After apparently being involved in an auto accident, Big-Joe reportedly fled on foot and was tracked down by police. The Daily News-Miner reported that Big-Joe registered a blood alcohol content of .212 on a breath test. Big-Joe was convicted of two previous Alaska DUI charges in August 2007 and March 2008.
Snowed in DUI
An Alaska State Trooper found Michael J. Winters, 25, of Delta Junction, Alaska passed out inside his vehicle which was stuck in a snowbank. Winters reportedly told the officer that he had been stuck for approximately three hours. The Daily News-Miner reported that Winters was too intoxicated to perform field sobriety tests and his blood alcohol content was later measured at .270 percent. Winters was charged with Alaska DUI.
DUI and Disorderly in Pennsylvania
A man from Wilkes-Barre, Pennsylvania was charged with Pennsylvania DUI and disorderly conduct after state police found him passed out behind the wheel of his car with the lights on and the engine running. Geoffrey Lee Carey, 24, reportedly showed signs of extreme intoxication and was verbally abusive towards the police and the hospital staff. The Citizens Voice reported that Carey refused a blood test at the hospital.
A Van, a Man and Three Kids DUI
A man from Thonotosassa, Florida was found passed out in his van with three children inside. Jose Luis Rico was charged with three counts of child neglect, violation of probation and Florida DUI after he was revived by deputies. CBS Action News reported that Rico was on probation for a DUI manslaughter conviction in 1996.
Non-Driving DUI Updates for April 24, 2008
Slumped beside the Mayor DUI
Trisha K. Turner's DUI lawyer has entered a not guilty plea via fax to answer a DUI charge stemming from an incident earlier this year in which Turner was found slumped over in the driver's seat of La Mesa Mayor Art Madrid's vehicle. The engine was running and police reported seeing vomit around the SUV. Turner and Madrid were apparently intoxicated, according to a report by the Union-Tribune. Turner was not asked to perform field sobriety tests or arrested for DUI. The police decided to drive Turner and Madrid to Madrid's home which was one block away. The DUI charge was filed against Turner about a month later.
Ohio Coach Loves Beer, Gets DUI
Ohio football coach Frank Solich, 61, was found by police passed out in his vehicle which was facing the wrong direction on a one-way street and in gear. The police report indicated that Solich had trouble rolling down his window, was unsteady on his feet and had trouble comprehending simple questions. He refused to take a breath test. According to the Journal Star, Solich plead no contest and was convicted of DUI in Athens, Ohio. After pleading no contest to the DUI charge, Solich paid a $250 fine, had his license suspended for 180 days and was ordered to complete a three-day intervention program.
Not Awake for Eighth DUI
In New Mexico, the Indian Wells Chapter coordinator was arrested for DUI for the eighth time in three years after police found him passed out behind the wheel of his car. The Gallup Independent reported that Richard Begay Jr., 48, was arrested for DUI by Dilkon Officers Gilbert Davis and Gordon Samp. Davis and Samp reportedly saw Begay's car with its lights on, blocking a turnoff. When they approached the car, they found Begay passed out behind the wheel with the motor running and a bottle of beer in his lap. An open 12-pack of beer was on the passenger's seat. The officers beat on the roof and windows of the car to wake Begay up, and in doing so startled him and caused him to hit the gas pedal. When Begay was finally removed from the car, he was unable to perform any field sobriety tests because he kept falling over. After his DUI arrest, he was given a breath test and registered a .189 percent blood alcohol content.
Mom, Wake Up! You're Still Driving!
The Fresno Bee reported that a Fresno news anchor on KGPE, Channel 47 was arrested for California DUI and two counts of child endangerment. Susie Frankeberger, 44, was found passed out in her vehicle by Fresno police officers. Frankeberger's two small children were also inside the car. Her son and daughter told police that they had been to a party and their mom had fallen asleep while they were on the way home. They said they had tried to wake her up before the car stopped. Frankeberger reportedly became combatitive with police after being roused. She refused to walk to the patrol car, had to be carried and also kicked one of the officers in the chest.
Non-Driving DUI Updates for March 17, 2008
Sleeping DUI
In Gulfport, Florida, an off-duty St. Petersburg police officer was arrested for Florida DUI. The officer was found asleep behind the wheel of his pickup truck. The St. Petersburg Times reports that officer Steven J. Pugh had attended a birthday party where he had been drinking. He left the party and went to his truck and then either passed out or fell asleep behind the wheel. Pugh is a 20-year veteran of the police force and has served as a member of the canine unit.
Fleet Footed DUI
A suspected drunk driver in Fallbrook, California wasn't driving at all when the police caught him. Ismael Lopez, 20, reportedly was driving when he hit another motorist, but then exited his vehicle and took off on foot. A California Highway Patrol happened to be stopped at a traffic light at the same intersection where the accident happened and saw Lopez running away. The North County Times reports that the officer chased him down on foot and brought him back to the scene of the accident. If it had not been obvious before that he was the one driving the wrecked vehicle, it was after the officer caught Lopez. He had not been wearing his seatbelt when he crashed and had a head injury from hitting the windshield. He was arrested and charged with California DUI, driving without a license and fleeing the scene of an accident.
Scattered, Smothered, Covered, DUI
In Oklahoma, a driver reportedly crashed his pickup truck into a tractor-trailer and then took off. KJRH News reports that a driver on I-44 swerved and hit the side of the truck while both vehicles were traveling on the interstate. The pickup truck bounced off of the tractor-trailer and hit the center wall of the interstate, but that still didn't stop the driver. When police finally caught up with him, he was dining at a Waffle House restaurant. The man reportedly received medical treatment for a minor head injury and was then charged with Oklahoma DUI.
DUI with A Baseball Bat
A man was arrested for Vermont DUI after he allegedly was involved in a domestic dispute. Vermont state police responded to a call reporting that Colby B. English, 29, had recently been at the residence, intoxicated and employing a baseball bat as his weapon of choice. After English was told that police were being called, he reportedly attempted to leave in a vehicle, but got stuck in the snow. Police located and arrested him for Vermont DUI.
Teaching Others to Drive Drunk
A driving instructor in Salem, Massachusetts has been charged with DUI after reportedly being found instructing two student drivers with a blood alcohol content (BAC) of almost three times the legal limit. Daniel Winsky, 52, was in the passenger seat of the vehicle when it was pulled over by police. Police reported that Winsky smelled of alcohol and had bloodshot eyes, but when he was questioned he denied that he had been drinking. He reportedly failed a field sobriety test and registered a .233 blood alcohol content on a portable breath test. Winsky has appeared in court and pleaded not guilty to Massachusetts DUI. He will be back in court next month for a hearing.
Non-Driving DUI Updates for February 5, 2008
Plastered - with Ketchup and Flour
In the UK, a man who was arrested for DUI was really plastered. The man was covered from head to toe with ketchup and flour and was found by police as he was stumbling down the street, and then grabbing a lamp post and holding on. Police tried to get an explanation from the man, but they say he was too intoxicated to produce any excuse. Martin Woodley was arrested for public drunkenness and then later admitted to driving drunk and without insurance. His blood alcohol content was reported to be almost three times the legal limit. Woodley has four previous DUI convictions.
A Bizarre Car Wash DUI
A Baptist preacher and Christian radio station employee was arrested for DUI when police were called to a car wash to find him wearing a skirt and urinating in front of some children. Tommy Tester, 58, was placed under arrest for various offenses, including DUI and reportedly offered the arresting officers oral sex if they would let him go. Police found an open liquor bottle and an empty prescription drug bottle that had contained Oxycodone in Tester's car.
Drunkest Driver Ever
Ironically, the drunkest driver ever was not actually caught driving. In Oregon, Terri Comer set the record for the highest blood alcohol content that anyone has ever heard of when the hospital tested her blood and found that her BAC was a shocking .72 percent. Comer was found unconscious in her car in front of a sign reminding drivers not to drink and drive. She was taken to the hospital where she remained in a coma for a day. She was released from the hospital and charged with DUI.
DUI with a Nasty Trail
In Durham, North Carolina, a drunk driver gave away his location when he stepped in a pile of dog poop when he made his getaway on foot. Josue Herrios-Coronilla, 18, is accused of drunk driving and crashing his Camaro into the yard of a dog owner. The property owner called the police. When police arrived, they found Herrios-Coronilla's car, damaged shrubbery and fencing, and a fresh shoe print in a pile of dog waste. They followed the dirty footprints down the street, and as luck would have it, found a white van driving towards them. They stopped the van and had the passenger step out. It was Herrios-Coronilla, with alcohol on his breath, and evidence all over his shoes. He was arrested for underage drinking and DUI.
Screaming Loud DUI
In Minnesota, a police officer on patrol in the early morning hours heard a man screaming at him. He stopped and found 41-year-old Todd William Limestahl, who was apparently intoxicated. Limestahl had slurred speech and poor balance in addition to reeking of alcohol. The policeman offered to call a cab, but Limestahl refused and said he was going to walk to a house nearby. A little while later, the same officer came back by and saw Limestahl get into his vehicle, start the engine and turn the stereo up to an ear-blasting level. The officer pulled up behind Limestahl to prevent him from driving away. Limestahl then failed a field sobriety test and registered a blood alcohol content of .22 percent on a breath test. He was arrested for DUI and misdemeanor possession of marijuana.
9-Year-Old Was Driving, DUI For Dad
In Charlotte, Michigan, police say that 32-year-old Jonathan D. Olson was drunk on Christmas Eve and put his 9-year-old son behind the wheel. Apparently, the child was in the driver's seat operating the gas and brake pedals while Olson steered the truck. An off-duty police officer noticed the truck driving erratically and notified an on-duty sheriff's deputy who pulled the truck over. The child said that they had driven about 7 miles before being stopped. Olson was arrested and for his third DUI, child abuse and other charges.
Dangerously Drunk DUI
In Clackamas County, Oregon, police found Meagan Harper passed out in a car at a pizza restaurant. She was taken to the hospital and found to have a blood alcohol content of .55 percent, which is by all accounts dangerously drunk. Harper has prior DUI convictions for drunk driving and another for operating a boat while intoxicated. At the time of the DUI arrest she was already on probation for drunk driving and awaiting trial for another DUI arrest.
Stumbling DUI
Just before Christmas, Florida Marlins pitcher and 2003 National League Rookie of the Year, Dontrelle Willis, was arrested for DUI after a police officer noticed him stumbling around outside his car in Miami Beach at around 4 a.m. Willis's black Bentley was reportedly double-parked along a South Beach street, and an officer reportedly saw Willis urinate on the street. He was arrested and taken to the police station where he reportedly refused to take a breath test to determine his BAC. When he was released from Miami-Dadem County jail after 6 hours, he told reporters that he would try to do a better job in setting an example for his fans.
Ordered Not To Drive DUI
After hearing that Tiffany Adamo had been arrested for suspicion of DUI five times in six months and that she still had a valid driver's license, a judge ordered her not to drive under any circumstances. Adamo had pleaded not guilty to DUI in her DUI case that involved her pinning a 7-year-old child between her car and her mother's car in a shopping center parking lot. Three days before that incident, Adamo was also arrested for DUI when police found her passed out behind the wheel and blocking traffic.
Sleepy DUI
A driver from New York was arrested for DUI in Vermont after he was found sleeping in his still-running car in the southbound lane of Route 30. Casey Dougall, 33, failed field sobriety tests and registered a .174 blood alcohol content reading on a breath test. Dougall's driving privileges were revoked in Vermont pending his court appearance for DUI.
Still Hungry DUI
In Minnesota, the police were called to a gas station because a man was apparently passed out inside his car at the gas pump. Witnesses thought he just might be drunk, and they were probably right. When police arrived, the man was in the car, which was still running, and had a half-eaten candy bar in his hand and smeared on his shirt. Police woke him up and arrested him for suspicion of DUI.
Hungry, But Not Done Drinking DUI
Employees at a Wendy's restaurant in New Jersey called police at around 1:00 a.m. to report that they possibly had a drunk driver at their drive-thru. Tracy L. Ayars, 22, was sitting in his SUV with an open container of alcohol, placing a food order when the police arrived. Ayars was described as acting "dazed" as he ignored the police lights and pulled forward to pick up his food. When police did get him out of the vehicle, he failed a field sobriety test and was placed under arrest for DUI.
Drunk Dragging
A 50-year-old man who killed a deer while hunting decided to drag the dead animal into the Dodge County Sherriff's Department in Wisconsin. It was around 8:30 p.m., and he was asking to have the animal tagged. Police noticed that the man seemed intoxicated so they took him to the hospital to undergo a blood test to determine his blood alcohol content. He was then arrested for operating while intoxicated (OWI), which is Wisconsin's terminology for DUI.
Pass the Buck DUI
When police arrived at the scene of an accident in which the SUV of Albert Monroe Boyce, Jr. had crashed into a tree, they suspected him of DUI. Rather than just take the rap for the DUI, he told police that his 4-year-old son had been driving at the time of the accident. According to Boyce, when the 4-year-old was negotiating the curve, he overcompensated. Boyce was arrested and charged with not only DUI, but reckless endangerment as well. I guess the police just didn't buy the story that he wasn't driving.
DUI in Reverse
In Galesburg, Illinois, police were called at 3:11 a.m. to the scene of a vehicle that was stopped about 15 feet off the edge of the road. The car was running and the headlights, taillight and reverse lights were on. Joel Thailkill was behind the wheel, locked inside and passed out. Thailkill was not the owner of the car, but police located the owner. Since he did not have a second set of keys to open the car, he gave police permission to break a window to open the car. Before the police could break the glass, Thailkill's foot slid off the brake. The car took off in reverse, went through an intersection and accelerated through a park. After missing several trees, the car finally came to a stop and police were able to arrest Thrailkill for DUI, not having a valid driver's license and also for an outstanding warrant.
Insult to Injury DUI
After being arrested for DUI, Elizabeth Shastko twice showed up drunk at her treatment sessions. The second time, Shastko was to appear at a court ordered session to hear members of a DUI victim's panel speak. Members of the panel called police to notify them that Shastko was passed out in the middle of the driveway. When police arrived they found two bottles in the woman's purse, one of which contained wine. According to her DUI defense attorney, Shastko wasn't drunk, but under the influence of painkillers because she had just had foot surgery.
Look, I'm Not Driving
James Smith was arrested for DUI in North Carolina after a breath test confirmed that his blood alcohol content (BAC) was above the legal limit for driving. He promised to return for court and was released. He didn't promise to sober up though. About five hours later, Smith's neighbors said that he was "falling down drunk" but got into his truck and drove away anyway. About a half a mile later, the same officer who has arrested him earlier saw him again and tried to pull him over. When Smith saw the officer, he jumped out of the truck and then attempted to start pushing it through an intersection. We can only imagine that this was a "See, I wasn't driving" tactic. It didn't work out very well, and Smith was arrested for his second DUI of the day.
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In A Slump?
In downtown Lawrence, Kansas, police heard a car engine revving in the distance. When they tracked down the sound, they found a man locked in a SUV with the engine running. He was slumped over in the seat of the vehicle, but when he realized that the police were there he tried to put the vehicle in gear. Then he passed out again. The cops were able to unlock the driver's side door of the vehicle, and while not actually driving, the man was charged with DUI.
A Trail Of DUI Evidence
In Connecticut, state troopers discovered a trail of vomit down the side of a stopped car. The car's engine was still running and Marco P. Leon was passed out behind the wheel. Leon also had an open bottle of beer in the cup holder, just in case he was thirsty when he woke up. Police woke Leon up long enough for him to fail a breath test. Although the car was not moving when police found Leon, he was arrested and charged with misdemeanor driving while intoxicated.
Double Time DUI
In Wisconsin, Gerald Barbian, was seen sleeping behind the wheel of his car at 8:30 in the morning. Just sleepy? Nope, he was drunk. Although he sleeping and not driving, since the keys were in the ignition, police arrested him and he was charged with DUI. Later in the afternoon, Barbian actually did manage a moving violation when he led police on a high speed chase and resisted his second DUI arrest of the day.
Slowing Down Fast Food With DUI
In Camden, Arkansas, the employees of a McDonald's restaurant called police after waiting for 15 minutes for a customer to pull forward at the drive-thru window. When police arrived Terrance Forte, 32, was reportedly asleep at the wheel. His car was still running and he had his foot on the brake. Forte was charged with his third DWI after police woke him up and he tried to buy his fast food from them for $10. Police say that Forte's blood alcohol content was more than twice the legal limit for driving.
Fined For Avoiding DUI
After dinner out one night in Toronto, Ross Bayley realized that he had consumed too much wine with his meal. Not wanting to drive drunk or risk getting arrested for DUI he left his car in a parking lot that is operated by the city. Bayley came back at 8:00 am after sleeping it off and found that his car had a shiny new $75 parking ticket on it. The parking lot has a three hour limit, so overnight parking is not allowed there. Bayley went to city hall and explained why he had left his car in the parking lot overnight. Officials offered to reduce the fine to $50 but said that the ticket would stand.
A Day At The Park
A male firefighter from Mason, Ohio was arrested at the park while wearing a bikini, a female wig and flip-flops. Steven S. Cole reportedly was wearing a tiny blue bikini and had taped two tan water balloons to the top in order to give the illusion of cleavage. Police arrested Cole and charged him with drunk driving, disorderly conduct and public indecency.
Tennessee DUI/Owner Statute Nails McNair
Steve McNair, a quarterback for the Ravens football team, was arrested for DUI in Nashville, Tennessee earlier this year. McNair owned the truck he was riding in, but he sat in the passenger's seat while his brother-in-law drove. When police saw the truck speeding and pulled it over they smelled alcohol on the driver's breath. When a field sobriety test indicated that he was impaired, they charged him with DUI.
Then police realized that McNair was in the passenger seat and he was the owner of the truck. In Tennessee, it is illegal to knowingly allow an intoxicated person to drive a vehicle that you own. Because of this law, McNair, who was not driving, was also charged with DUI. He was not required to take a breath test or submit a blood sample, because under the law it is the driver's intoxication that is the issue.
Neither Drinking, Nor Driving, Still Charged With DUI
Tampa Bay Buccaneers' wide receiver, David Boston was neither drunk nor driving when he was recently arrested for DUI. He was discovered by police, reportedly passed out behind the wheel of a Range Rover which was still running.
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Boston was roused from his sleep and asked to complete a field sobriety test. Upon completion of the test, police decided to charge him with driving under the influence of a controlled substance or alcohol. At the police station, Boston took a breath test which indicated that he was not under the influence of alcohol. A urine sample was taken for testing and police are waiting for the results of that test.
Does Steering Count As Driving?
In Pennsylvania a man was recently charged with DUI, but he wasn't driving! He was sitting in the passenger's seat of the car but took over steering for a minute so that the driver could take a bite of a sandwich.
A police officer reportedly saw the car that Derek Pittman was riding in swerving all over the road. He pulled the car over and noticed that the driver was holding a large sandwich with both hands. He asked the driver why the car seemed out of control and reportedly Pittman leaned across to tell the officer that it was his fault because he was holding the wheel! At that point the officer smelled alcohol on Pittman, who was sitting in the passenger's seat of the car and proceeded to give him a field sobriety test, and when he didn't pass he was charged with DUI.
Pittman's breath test indicated three times the legal blood alcohol limit for driving, while the actual driver of the car passed the breath test. Pittman plans to find a DUI attorney and fight the DUI charge in court on the grounds that he was never in control of the vehicle because the driver never completely let go of the steering wheel.
Arrested For Drunk Pushing
In Portage, Indiana, two women were arrested for DUI when they pushed a vehicle and caused it to crash into a parked car. The women were taking turns pushing and steering the non-running car. After the accident, both women were charged with DUI and registered more than twice the legal blood alcohol limit on breath tests.