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May 1998 Volume 21, Issue 5

The .08 Debate
From the HBD

Date: Fri, 3 Apr 1998 12:04:00 -0500
From: "Lee C. Carpenter"
lee@brew-master.com
Subject: D.U.I. at any Blood-alcohol

I think we are forgetting what is really important in this .08 debate.Unless you are involved in a vehicle accident and taken to the hospital, where they will automatically do a B.A.C.(blood-alcohol content) test, thereis only one thing that stands between you and the handcuffs...the fieldsobriety tests. I've been a street cop for 19 years and enjoy drinking beer a lot more than I enjoy arresting drunk drivers.

The smell of alcohol on your breath is not sufficient to make an arrest unless your state is .00. There has to be other factors such as erratic driving or...failing the sobriety tests. My point is that since we're talking about being charged with D.U.I. when you are only .08, and I agree most regular beer drinkers could still emulate Jim Rockford's driving maneuvers at this reading, you need to protect yourself. How? Practice the standardized field sobriety tests at home! I'm not joking. Have two beers, then retire to your garage or basement, and do the heel-to-toe. Do the finger-to-nose. Lift one of your legs at a 45 deg. in front of you and hold it there as long as you can. Say the alphabet starting at letters other than 'A". These are the tests you will most likely be administered. Drink two more beers and try them again. Then two more, and so on till you reach the number of beers you periodically drink when you still feel confident to drive. Give yourself a chance if you ever find yourself in that position.

Know how your body reacts to the tests after a certain amount of beers and you may be able to compensate. Remember, you could be driving perfectly at .08 when some wingnut blows the stop sign and hits you. When the Police get their the wingnut tells the cop, "yea man, I blew the stop sign, but smell his breath! He's been DRINKING, man! He shouldn't have even BEEN on the road!" Just what you need, right? I've seen alcoholics nearly pass these test at a B.A.C. of over .25, and I've seen young once-a-month drinkers fail them horribly at .08.When you've had a few, CONCENTRATE on your driving. Probable cause is needed in all D.U.I. cases. If the aforementioned wingnut hits you, tell the Officer, "yes sir, I've had a few beers, but I'm not impaired." Then illustrate the "practice makes perfect" cliche as you ace the tests and wave buy-buy to the wingnut as he's handed his citation.

I'm not trying to undermine and enforcement of D.U.I. laws, I just want people to have a fair chance.

Lee C. Carpenter

Landisville, PA

 

Updated: May 01, 1998.