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Title: Drunken-driving arrest at 0.05 a sobering lesson for all this holiday season
Source:
Fort Wayne Journal Gazette
URL Source: http://www.fortwayne.com/mld/fortwa ... mnists/frank_gray/13464832.htm
Published: Dec 22, 2005
Author: Frank Gray
Post Date: 2005-12-23 02:14:00 by Esso
Keywords: Drunken-driving, sobering, holiday
Views: 104
Comments: 14
Drunken-driving arrest at 0.05 a sobering lesson for all this holiday season It’s illegal to drive drunk, but it’s not necessarily illegal to have a drink and then drive. That’s why Jerry Boyer figured he had no problem when he left a local American Legion hall late on the Saturday after Thanksgiving and headed home. He says he had driven down Harris Road, turned right on Goshen and then made a quick left onto Butler Road, one of those awkward jogs that are all over the city, when he was stopped by a county sheriff’s officer, allegedly for not using his turn signal. Boyer says he did signal, but that’s another issue. The officer gave him a alcohol breath test in the field, and Boyer blew a 0.04 percent, well below the 0.08 percent blood-alcohol content required to be considered intoxicated. Then he was taken downtown where he was tested again. This time, he blew a 0.05 percent, still below the legal limit. Boyer figured it was about time for him to go home when the officer told him, I’m arresting you for DWI. Boyer, who is 60, was stunned. His car was impounded and towed away, and he ended up in court a few days ago. Once again, because he tested only 0.05 percent, below the legal limit for intoxication, he figured the case would be thrown out. Instead, his license was suspended immediately and a new court date set. Now, he says, he’s stuck; he can’t drive. It doesn’t make sense to him, and it probably doesn’t make sense to a lot of other people. It sends the message, “This holiday season, if you’re invited to a party in Fort Wayne, just stay home.” It turns out the law, though it sets a legal limit of 0.08 percent for intoxication, has a provision that says that if you are below 0.08 percent but are impaired, you can still be charged. What’s impaired? Well, that’s a matter of discretion, according to people we talked to. One officer said it is possible that a person who has never drunk alcohol or who seldom drinks could be pretty tipsy with an alcohol level below the legal limit. The same officer said it is possible that a person could test low, but that person’s blood-alcohol could be on the rise. In another 30 minutes, that person could be legally intoxicated. That particular officer said in such a case he would simply refuse to let the person continue to drive and ask the driver to get another ride home. Boyer plans to contest the issue. His lawyer points out that Boyer was arrested during a crackdown on drunken driving over the Thanksgiving holiday, when police were trying to arrest as many people as possible. He also says the officer who arrested Boyer at 0.05 percent also arrested another person who was 0.06 percent. So was this overzealous enforcement of drunken-driving driving laws? Is the legal limit 0.08 percent, but, nudge, nudge, we can arrest you at any level if we want to? That’s something that will have to be decided. Boyer’s lawyer says he himself was surprised to learn that you can arrest someone who is well below the legal limit. He added that his client passed all the physical tests, so whether Boyer was really impaired will have to be decided in court. But it’s a curious lesson for everyone else. Regardless of what you’ve heard, you can be arrested with an alcohol level you thought made you perfectly legal. The key seems to be whether you make a mistake while you’re driving. People have often said – and you’ve probably heard it: Drive for 15 minutes and at some point you will break some traffic law or another. You’ll go a little too fast, get a little to close to the line, not signal a lane change or fail to stop at a stop sign. You might stop, but you’ll stop 3 feet past the sign, which can be interpreted as failing to stop at the stop sign. If you’ve had two glasses of wine with dinner, or two or three beers at a sports bar, and you’re at 0.05 percent, is that evidence that you’re drunk? That’s a question we can’t answer, and that won’t offer much comfort to anyone.
Poster Comment: Just some more of that New American Century freeeedom pouring down on us.
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#1. To: Esso (#0)
Welcome to the New American Century
 | Gold and silver are real money, paper is but a promise. |
#2. To: Elliott Jackalope (#1)
Back in my sinning days, I can remember driving home with one hand over one eye so I wouldn't see double. Years ago, you not only had to be drunk, but you had to really piss of the cop to get a DUI/DWI. Nowadays if you even take a sniff out of a bottle of booze, you better call a cab. Times change, and life sux.
#3. To: Esso (#0)
This should get throw out. Proving impairment, based upon pure subjective jugdement, when you have been proven under the legal limit, has no grounds. This was just a general snare of anyone who blew any reading at all. Highly unconstitutonal, but the courts have said it was legal based upon if the location of the check point is made public. Mark
#4. To: Kamala (#3)
Isn't it a little bit wrong for a law to be constructed in such a manner that you need equipment to determine if you are actually in compliance with it? Would anyone even know they were "impaired" at 0.05%? When tired or bored (because I'm within the revenue enhancement zone in downtown Detroit on I-75 where the speed limit is 55mph) I'm a little squirrely in the lane. How can they determine what the actual cause of erratic driving would be with BAC that low? I don't understand how checkpoints can be legal simply because they're announced. If they announced that at the same checkpoint everyone travelling on that road would be summarily executed, would it be legal because people were told in advance? To use a slightly less extreme example, would the courts find it constitutional for everyone at the checkpoint to be detained for up to 24 hours because a criminal might pass through there, as long as they announce it in advance?
#5. To: Esso (#0)
well you all know that the way drunk driving is is that some people can drink a lot and drive perfectly safe every single time. and some people can drink significantly and then have a 100% chance of having an accident while driving. I knew a guy like that once. he would get drunk and then drive and had a 100% chance of having an accident while driving. If you were with him you had to get the keys or else he absolutely would have an accident. but the underlying reality is they just want to throw as many people as they can into the criminal justice system. it makes New Years Eve scary.
#6. To: historian1944 (#4)
I agree with you. More and more accidents are caused by eating, messing with the radio, talking on the phone, or just all the gizmos and distractions that are now in peoples cars. `m sure this stat is highly underreported. Mark
#7. To: Red Jones (#5)
I think the two worst days to be on the roads are Super Bowl and the Wed night before Thanksgiving. Mark
....it makes New Years Eve scary.
#8. To: Esso, all (#0)
Then he was taken downtown where he was tested again. This time, he blew a 0.05 percent, still below the legal limit. This story reeks. Not to defend drunk drivers, but this abuse of power is chilling. Also, this shows the inaccuracy of the tests administered in the field. Boyer blew a 0.04 in the street, and then - (at some point later, but I'd guess at least an hour) - he blew 0.05, nearly 15% higher. We all know over time the alcohol blood level drops. I guess in Indiana it rises.
The officer gave him a alcohol breath test in the field, and Boyer blew a 0.04 percent, well below the 0.08 percent blood-alcohol content required to be considered intoxicated.
#9. To: Jethro Tull (#8)
Well, I guess if they're not going to abide by the law and leave it up to the officer's discretion, they might as well drop the "formality" of using the breath-a-liers, which the cops know how to fool anyway. It'd save the taxpayers a lot of money on the machines and servicing them. If the cops say you're guilty, you're guilty. Hell, why not just dispense justice right there along side the road with a bullet to the head? That's where this is heading anyway. Why fight it? FREEEDUMB!
#10. To: Jethro Tull, Esso (#8)
lmao
We all know over time the alcohol blood level drops. I guess in Indiana it rises.
War is good for business. Invest your son.
#11. To: Kamala (#7)
I used to go to Home Depot during the Super Bowl, the place was empty. But now that they prefer illegals and Red China over Americans I don't shop there anymore, on any day. Cough syrup might get you .05, just a thought. I don't drink or use cough syrup. I'm more concerned about drivers who drink too much Starbucks. They are practically road rage warriors. Plus, they don't drive too well with a cell phone in one hand and coffee in the other.
I think the two worst days to be on the roads are Super Bowl and the Wed night before Thanksgiving.
All the war-propaganda, all the screaming and lies and hatred, comes invariably from people who are not fighting. ~George Orwell
#12. To: Red Jones (#5)
my youngest sister was killed by a drunk driver on new year's eve 20+ years ago. i haven't gone out to celebrate it since.
War is good for business. Invest your son.
#13. To: christine (#12)
Oh, even after so many years, that must be still painful. When we read so casually the bad news, I think about the surviving members of the family. Last night there was a happy-ending story on the news. A middle-aged Reservest returned from Iraq after one year there. He is still sound and whole. For an entire year, his wife and their eleven children (9 adopted) survived w/o him. One of the adopted children is severely mentally handicapped, another with mild autism must be homeschooled. Yet, the military required one year from this man and his family. During this year 14 fellow Ohioans died in Iraq in one day. This woman took the children to the memorial service. The older children were very disturbed by the service, especially one of the adopted children. Reality was sinking into Ohio. This amazing woman said nothing is ready for Christmas, but it doesn't matter, all that she can think about is that he is here.
my youngest sister was killed by a drunk driver on new year's eve 20+ years ago. i haven't gone out to celebrate it since.
All the war-propaganda, all the screaming and lies and hatred, comes invariably from people who are not fighting. ~George Orwell
#14. To: robin (#13)
yep..and hopefully to stay.
This amazing woman said nothing is ready for Christmas, but it doesn't matter, all that she can think about is that he is here.
War is good for business. Invest your son.
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