Drink, Drive and Drunk and What It Means?
Posted: Wednesday, December 27, 2006
by straight talk
There is no easy way to address this topic but I’ll be brave and step out into the world of what in my opinion is a pure and simple nightmare. The fact that to be arrested for this violation can bring with it any number of what in my opinion I believe are self-righteous reactions from individuals is not an understatement.
I selected D.U.I, driving because of the intense nature of the topic. This holiday period a T.V. commercial explains, “Drink and drive and you will be arrested"! Now that says it all so what is it people just don’t seem to understand? In the commercial they show a person totally out of it in a car filled to the rafters with liquid. How can one disagree with that description? But is that what everyone is like that is arrested? I am quite sure many are. However, in my opinion many are just over the limit. However, what they don’t address in this commercial and perhaps makes more sense to the majority of special event drinkers is even more profound and what prompted this article.
However, for those foolish enough to think they can beat the system because they have never been stopped they really need to read this through carefully. It is an attempt to awaken all who are comfortable with drinking and driving but have never experienced the penalties. It is also for those who execute the system to understand everyone at times has faults and fails.
That said, I do believe people everywhere agree that the vary act of driving under the influence of anything which impairs ones ability to drive safely is inviting tragedy and certainly should not be condoned without penalty. I think there are few to none who would disagree that each and every time we drive we take responsibility for our actions. We all certainly agree the death or injury of anyone because of careless, reckless or impaired driving is something that cannot be tolerated. Certainly the death or injury of a loved one cannot be explained away with a simple “I’m sorry“.
So where does that leave us all with our special occasions? If you’re a non-drinker you might think this is all a mute point? However, it is not mute if you consume anything with alcohol or another stimulant or even something that can create an alcohol content.
For argument sake assume that you take a loved one out for dinner and had a drink or two? Maybe a glass of whine with a meal or perhaps you been to a wedding or other social event and had a sip or toast? Have you just gone for a simple lunch with co-workers and had a drink?
For that matter place a cough drop or two in your mouth that contains alcohol and this can be the simple culprit. Perhaps you even consider yourself diligent by waiting a number of hours or more before driving, but and that is a big but, get stopped and you may be on your way through the system.
Lets consider what the dictionary says about inebriated. To paraphrase- you are considered drunk if you are physical impaired and your mental ability is markedly or significantly diminished or limited which could lead to loss of control of your body or mental capabilities. Now that’s is quite a statement because many of us who take a drink or two don’t really visualize ourselves in that condition.
It also states that if you are tired or fatigued you may exhibit symptoms of weariness or exhaustion from labor, exertion, or stress which can sometimes produce temporary loss in which you fail to respond properly causing potential problems either physically or even mentally.
But lets assume you were out and got pulled over for possible drunken driving because the police noticed you swerved over a middle line. Now we all can agree that sometimes happens every day to many people but perhaps we may or perhaps we may not get pulled over. It doesn’t mean your drunk but it can be suspicious.
Now in the process of being stopped you are conversing with an officer intelligently and you are in control of your physical and mental capabilities to the extent you are not slurring or staggering [or at least you think so]? Your answering questions and your physical activity does not demonstrate a total lack of control? Perhaps you are less then 100% but do you think you should be arrested is the question? That is a big decision for the officer.
Now lets assume you are asked to take a test and you refuse. Well it’s off to the races for you. The fact that you might think there should be an alternative option to arrest for persons not involved in an accident, or persons with a reasonable explanation or not totally out of it is not the point. You will be arrested when suspect! No other choice!
Unfortunately, in my opinion that’s the officer’s call and a flip of the coin. He can only make a human judgment as to your condition and the law says off you go if he is not satisfied. Rhetorically, could they issue a ticket and order a tow to take you and your vehicle home? Probably, but that is not how the system works and it never will. The system propagates itself. In my opinion it is a never-ending monster that gobbles up people each and every day with no end in sight.
So now let us review some of the things you might experience.
In jail you might find unsanitary circumstances.
If you dispute you’re intoxicated and refuse an officers request for a test you are automatically suffer even harsher penalties in Florida- read your license!
DUI can have major consequences on a person or their families economically, socially and into the future and can cost you upwards of $5000.00 or more with court, treatments, educational training, lost wages, investigative and probation costs.
Your vehicle will most likely be impounded.
You are on probation for a minimum of 6 months or longer and may lose your license for a year.
You can be denied a hardship license to work or make you wait longer to get it.
The fact that the tests they administer, even though you may question them, may not be a defense.
The fact that mitigating circumstances may not be a defense.
The possibility you might run across public servants who may make it as difficult as they can for you within the system and may have a self righteous air about them is always a potential. This too is part of the human condition.
The fact they will send you for psychological help regardless of the circumstances and even if your first offense. Remember, it could have been a cough drop or one toast.
Remember, when you go to court you will not find yourself alone. They process hundreds and thousand of people each and every week through the system.
So what is the bottom line? The problem remains when you eat take anything with alcohol in it. Be that Rum cake, cough drop or medicine, you have to understand that in my opinion you must never consume alcohol or stimulants anywhere and at anytime if you drive or intend to. What is so hard about this? Well the answer is all wrapped up in human frailty and needs.
In in my opinion those who are first time D.U.I. offenders should suffer a penalty that is significant but not excessive and while certainly emphasizing the seriousness and allowing for the human element and save the rest for those who did not learn the first time around. Perhaps a tow home is a viable option with tow costs, a severe fine and traffic school sufficient, perhaps not?
Perhaps there is some vindictiveness about the entire topic and how things are done, even though many who support the effort probably fit right into the definitions included herein but as mentioned don’t see themselves as being a part of the problem? The courts are full of these types.
Finally, there is no easy answer except if you don’t want the problems don’t drink and drive!
Robert T. Melaccio Sr. Copyright ©2006 Robert Melaccio
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