July 25, 2013

Do you like this?

D.U.I. Three simple letters, but such a fascinating topic. Merely a misdemeanor, yet such a deep wound it leaves, both on the offender and the victim when involved. From vagrants to politicians, payday loan managers to doctors, firemen to cops…it’s the great equalizer.  

And like a legal shark, it has so many rows of teeth when you’re caught in its gullet…with another row having been added just this week.

Would you believe in America that a cop can force blood from your arm?  I don’t mean by giving you a stern look and asking very loudly, either. No, by “force,” I mean a group of people taking you to a hospital’s mandated padded psychiatric evaluation room, holding each limb down if necessary, and sticking a needle in your vein while you froth from the lips with drug- or alcohol-induced rage.  Crazy, yeah?  No refusal, no lawyer present, just a very annoyed nurse and a bunch of excited E.R. orderlies if it’s been a slow day.  (Lawyers and court come later.)

Back in the day, it could only be done if you were suspected of being boogered up and there was an injury or death as a result of your wreck. Now though, if you’ve had a prior D.U.I. or vehicular assault (or homicide), ever (not just 10 years back anymore) or there is a passenger under the age of 16—as they used to say, “From your arm or from your lip, we’ll be having your blood.”  (Oh, and it’s still not your choice, blood or breath. Wives’ tale.)  And despite its misdemeanant status, once you hit Lucky Conviction #4 you graduate to the Felony Big Leagues like murderers and old bid-rigging Chattanooga city contractors.  

By now, several of you reading this are getting warm about the face and gripping the paper (or laser mouse) tightly in a mix of anger (which is actually shame) and introspection, having been down the D.U.I. road before. Relax. It’s in your past and will generally remain there, but it’s a tough row to hoe, and not by accident. Orphaned kids and grieving parents have a chilling effect on legislators, but many of us have been guilty of it, and quite simply not everyone gets caught.

With that bit out of the way, you always hear your buddy (let’s call him “Hank” for no reason at all) complain about how, “It was such bullshit.” How he was a victim of a quota or a chip on the cop’s shoulder or how he was prescribed those medications so it couldn’t be illegal to drive.  There was ice on the road, he didn’t wreck because he was drunk, but, but, but…“Feh.”

I started my career working Brainerd.  Everyone partied there, and they all drove drunk, and it didn’t take a lot of training to make a case. But a good cop had his or her ducks in a row or you wasted a lot of time. This demographic was going to have lawyers and preachers show up.

Did you know that it’s still illegal to drive without your headlights on even when there are streetlights sufficiently lighting the place?  (I know you know, but the customers always argue it.)  What you don’t know is that about eight in 10 drivers pulling out of a bar at night without headlights on are drunk, and that’s a good reason to follow them. Swerving (or as it’s known in the business, “crossing left of center”), headlights on or out, those are signs, but I prefer “speeding” or failure to use a turn signal or a bad tag or tail light to establish the reason for pulling one over. Then I just talk to you.  



July 25, 2013

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Man i am so glad the few times in the 80's that i could have gotten a DUI, i didn't. Drinking and Driving is by NO Means to be played with!!!! Great Article!!

Jon Cole 260 days ago

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