May 2006
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Driving under the Influence
A Florida senator is proposing a bill that would require anyone who has had a DUI conviction and has had their driving “privileges” restricted to have special pink license plates on their car that contain the letters DUI. Sen. Mike Fasano, of New Port Richey, filed a bill earlier this month that requires the first three characters on the plate to read “DUI.”
“Maybe it will embarrass people and keep them from drinking and driving,” Fasano said. “Maybe they’ll think twice.” The bill also says police “may stop any vehicle that bears a DUI plate without probable cause to check the driver.”
There are many problems with this proposal, not least of which is the obvious privacy concerns. You are going to deliberately embarrass anyone who was convicted of DUI, and subject them to police harassment even when they have done nothing wrong. And that doesn’t even begin to mention the fact that DUI convictions are very frequently bogus. For instance, breathalyzers measure a whole lot of things in addition to alcohol, and such a false reading means even someone completely sober could be convicted of DUI. And it’s very common for police to simply copy DUI reports wholesale from other arrest records to “save time.”
An increasing number of police officers are using pre-written arrest reports in drunk driving cases. In other words, they are writing out a batch of phony reports -- including driving symptoms, slurred speech, failed field sobriety tests, admissions of drinking -- and then just filling in the names, dates, etc., when they actually make an arrest. Saves a lot of time. In this computer age, however, this practice is commonly abbreviated even further by using computer templates: word processing forms which have all of the "facts" already entered, with blanks to fill in for name, date, etc.
Many police officers know this. They also know that if the machine contradicts their judgement that the person they arrested is intoxicated, they won’t look good. So when they tell the arrestee to blow into the machine’s mouthpiece, they’ll yell at him, "Keep breathing! Breathe harder! Harder!" As Professor Hlastala has found, this ensures that the breath captured by the machine will be from the bottom of the lungs, near the alveolar sacs, which will be richest in alcohol. With the higher alcohol concentration, the machine will give a higher -- but inaccurate -- reading.
What Happens To First Time Offenders in Nevada?
You are DUI in Nevada if your blood alcohol is .08% or higher. The limit is .04% for commercial drivers and .02% for drivers under 21. Drivers can be arrested and convicted for DUI with a lower blood alcohol content (BAC) reading or for driving under the influence of controlled or prohibited substances. The first DUI offense is a misdemeanor punishable by up to six months in jail and a $1,000 fine. The minimum penalties for first offense are two days in jail or 96 hours of community service, a $200 fine, $70 in court costs, a $60 chemical test fee, and a DUI education course, including mandatory attendance at a victim impact panel. If your blood alcohol level was 0.18 or more or you are under the age of 21, you must also pay $100 to have an alcohol evaluation done.
Criminal
1 Arrest
2 Vehicle Impounded
3 Two days to six months in jail or community service (48 to 96 hours)
4 Fine $400 to $1,000
5 Chemical Test Fee $60
6 DUI School or Substance Abuse Treatment
7 Victim Impact Panel
Drivers License
1 License revoked for 90 days
2 $65 Reinstatement Fee
3 $35 Victims Compensation Civil Penalty
4 $21.75 Driver License Fee
5 DMV Tests: Vision, Knowledge, possibly Skills
6 SR-22 Certificate of Liability Insurance required for three years
Under 21
The blood alcohol limit is.02%. Your license will be revoked for 90 days, and you will be subject to criminal penalties (see above). You must pay $100 to have an alcohol evaluation done.
Commercial Driver
The blood alcohol limit is .04% for commercial drivers, though any detectable amount will affect your driving privileges. License revoked for 90 days. Law enforcement can prohibit any commercial driver from driving for 24 hours if you have blood alcohol of over 0.01 percent.
Revocation Appeal and Reinstatement
You may appeal a revocation through the DMV Office of Administrative Hearings.
License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on
your record indefinitely and you will not be able to obtain a driver license in any state.
DUI School
At least 8 hours of "DUI school," either 4 two hour or 1 eight hour session. If your BAC is .18 or higher, you may be required to obtain a Bureau of Alcohol and Drug Abuse evaluation and further counseling (AA or NA), as ordered by the court. The higher your BAC, the more hours you will have to take.
Test Refusal
Driving in Nevada implies consent to be tested you may not refuse. Law enforcement may use reasonable force to obtain blood test if a breath test is refused.
Insurance
Upon conviction, your insurance rates will probably increase dramatically, and your carrier may drop you, forcing you to find a carrier that offers less coverage for even more money.
WORD OF THE DAY:
Definition:
extremely sacred, beyond criticism
Example:
Many people considered Mother Teresa to be SACROSANCT and would not tolerate any criticism of her.
SACROSANCT
Do you understand this cartoon?
E-mail: pustulka@mail2john.com
