Monday Morning Criminal Call

I was in court the Monday after Easter and what struck me was the number of people who appeared before the Judge charged with Operating While Intoxicated.
I am not certain if the large number of charged individuals were celebrating the holidays or the fact that spring had finally sprung, or were merely partying and having too much to drink, but whatever the reason, on that Monday they all found themselves in Court facing large fines, attorney fees, restrictions on their privilege to drive, and twelve months of abstinence enforced through random testing while on probation.

While I have written this before, the Police may pull a person over on any small infraction just so they can smell you. And if they smell the odor of intoxicants, they then have the right to ask you to submit to field sobriety tests. (FTS). If you fail a FTS, (and how many people can stand on one leg for a minute without using their hands to balance or recite a portion of the ABC’s without singing the Jiminy Cricket song), they can then demand you take a preliminary breath test.

If you look at a Blood Alcohol Content (BAC) calculator, depending on your weight and how long you have been drinking, you could test at or just over the .08 legal limit. And if you do, you too will find yourself facing the Judge and the severe sanctions that are imposed.

While one beer, cocktail, or glass of wine is probably OK, if you are going to drink that second or even third alcoholic beverage, spend the money to take a taxi or get someone else to drive. You will certainly save in the long run and not have a criminal charge on your record, which in the case of an alcohol related driving conviction, can never be expunged.