Wednesday, November 23, 2011

Big brother sez, No drinking

Today's NIXLE message from the McHenry County Sheriff's Department reads, in part: "Like always, do not drink alcoholic beverages and drive. If you host a holiday party, serve non-alcoholic beverages for those driving or provide alternative transportation."

What do you suppose they meant by "Like always, ..." Consuming an alcoholic drink and then driving is not illegal.

Driving while impaired or drunk is illegal.

Personally, I do not drink anything alcoholic and then drive. I can just imagine the gold star that a deputy or local police officer would get (and maybe $100 cash or a steak dinner) if he arrested me for suspected DUI.

Would I refuse the breathalyzer? I might. And then, of course, I'd have to deal with the court and the DMV over a summary suspension charge.

I know a 29-year-old man who was ticketed for DUI and who refused to blow. He was taken to a hospital and his blood was drawn. The BAC was 0.04%. His driver's license was suspended, because he refused to blow.

But he wasn't drunk, and the hospital lab result proved it. But the cop caused him to lose his license and to incur huge legal fees.

4 comments:

Concerned Citizen said...

Life is full of choices and choices have consequences. He made a STUPID choice not to blow. Had he blown, he'd walk free, but refuse and you lose you license. Rules are rules.

You say "the cop caused him to lose his license and to incur huge legal fees." See there you go with your bias. The guy made a stupid choice. The cop didn't cause anything. Obviously he felt he had a DUI and made a lawful arrest, then the fellow should have blown. He refused and now pays the penalty.

Gus said...

I'm looking forward to reporting on the in-car video. Maybe I'll even post it here. You may get to see another side to the story.

firecop said...

In car video or not, he believed he had a DUI suspect, which he asked to take a breath test. He refused. AUTOMATIC SUSPENSION!!! Doesn't matter if he tested at .01 or a .04, he had the blood taken on his own, after the refusal, he still gets suspended.

There is no "other side of the story." The other side of the story would be, "If you think you're not under the influance, BLOW!!!"

Something you and others may not know Gus. If you have a concentration of .05 or below you are considered not under the infulance. However .06-.08, given the totality of the facts (swerving, slurred speech, etc) you can be found under the influance, you just don't get the second charge for being over .08. (625ILCS5/11-501.2(b)(1 and 2)

The Madd Bulldog said...

TMB got pulled over years ago for speed'n. About 30 mins before the ticket I was in a bar with some cronies and one was overserved; and spilled his beer all over the front of my shirt and pants. I had consumed one, yes only one, beer before I took my fat and drenched self home. when I got pulled over, I obviously smelled like a brewery and when the Cop asked me how much I had to drink, I gave the all-too-often answer of "just one beer officer". He made me step out and do all the physical tests to determine if I was inebriated. I thought I passed'em all but the cop arrested me for DUI anyway. When he took me to the station, I was processed and asked to blow... which I did... and PASSED with a huge margin under .08 Did the cop let me off? Nope- he said I was still "impaired". I had to get a lawyer and when we went to court, the judge dismissed the DUI, gave me supervision on the speeding, but then made me go to alcohol school. That beer that I drank ultimately cost me $1750!
So TMB doesn't go into bars to have beer spilled on him by some fool. I just drink my beer in my car and that way I alone am responsible for spillage. DOH!