Drink, Drive, go to jail
Scott Harris, staff writer
It is
Friday night around 11 P.M. You just got off work, and it has been a very
stressful week at school.
All of your friends are at a bar enjoying the nightly drink specials. It is
time to take a shower and meet them as fast as possible. Within the next 30
minutes you arrive to find a shot and beer waiting for you. You tilt the
glass back and feel the warm liquid fill your body with an instant rush. At
this moment, you believe nothing can go wrong. But if you do not have a
designated driver you are severely mistaken.
According to Texas Arrest Data of 2003 91,097 adults were arrested for
Driving Under the Influence (D.U.I.). Anyone who has a blood alcohol content
(BAC) of .08 or higher is considered intoxicated in many states, including
Texas. Mothers Against Drunk Drivers (MADD), the federal government, and
other safety organizations are working very hard to encourage states to
require a maximum BAC of .08 instead of .10. Statistics have proven that
people driving a vehicle with a BAC of .08 or greater increases the chance
of an accident dramatically.
In 1997, drunk drivers killed more than 16,000 people in the United States.
Almost all drivers with a BAC of .08 or higher showed severe impairment in
steering ability, eyesight, decision-making and reaction time. The federal
government is now working with MADD and others in order to try to persuade
other states to lower the BAC from .10 to .08.
For instance, the Transportation Equity Act for the 21st Century (TEA-21)
was passed in 1997. This was an incentive for the states to lower legal BAC
levels and receive more federal highway funding in return. The state of
Texas was rewarded $26 million when the BAC was lowered.
“Because of this legislation, hundreds of Texans will probably live to see
another day,”said Senator Steve Odgen.
“Stricter laws and tougher enforcement of drunk driving laws will save lives
and prevent injuries on our highways,” said Department of Transportation
secretary Rodney Slater.
Locally, in Hockley County there is a zero tolerance law. This means if
pulled over, you will receive either a ticket or be arrested depending on
the crime. In Levelland if you are pulled over and arrested, you will more
likely be charged with D.W.I.
Pat Phelan is the district attorney of Hockley County, and he takes drunk
driving very seriously.
Also,
the State Legislature has mandated that a $3,000 fine must be paid in three
years in order to reinstate your driver’s license.
In September 2003, court costs increased an extra $100. There will be a
minimum of three mandatory educational classes that must be attended and
paid for by any D.W.I. offenders. Probation will be a part of sentencing,
and that costs a minimum of $50 a month. Community service will be included
in the package with a D.W.I. conviction.
“ Don’t drink and drive, because you can’t afford it,” says Hockley County
Deputy Clerk Melissa Henry. There are not many drunk drivers on the South
Plains College campus. However, in 2002 arrests for liquor on campus reached
a high of 45 students, According to Jon Wuerflien, the chief of Police at
South Plains College. Wuerflien, has worked at the school for nine years. He
previously worked for the Levelland Police Department for 10 years. During
his law enforcement career he has arrested several drunk drivers. The one
that stands out the most was an elderly gentleman who blew a .38 BAC level.
Wuerflien said that is legally considered comatose, and the man still chose
to drive a vehicle.
Many of the people who are involved in similar situations are alcoholics who
drink when ever awake. Texas does have a ‘strikes policy’. This policy will
incarcerate repeat offenders for substantial amounts of time. If you are not
an alcoholic, you still might be in danger. If there is any type of
tolerance built up to alcohol, you are prone to drink more and believe you
are sober.
Despite if you feel a buzz or not, BAC does not lie. If your levels are
higher than .08, you will be convicted. The best advice from Chief Wuerflien
is, “Don’t drink until 21. And if you are 21, and drink, don’t drive at
all!” This is coming from a man who knows the business, and Wuerflien knows
what he is talking about.
According to the National Highway Traffic Safety Administration (NHTSA),
there were 15,935 fatalities where alcohol was a factor in 1998. More than
305,000 people were injured, and more than $45 billion were spent as a
result of alcohol-related accidents. From 1987 to 1997, there was a decrease
of 32 percent of alcohol-related accidents, mostly due to stricter laws.
In
2003, 15,826 Texans between ages 21 and 24 were arrested for D.U. I. in
2003. There were 13,969 females arrested and 77,401 males arrested for D.U.I.
In 2003, there were 903 more women arrested than in 2001. Of those, 483
women were in the age group of 21 to 24. The male D.W.I. arrests went down
1,985 arrests from 2001 to 2003. However, 664 more men between the ages 21
and 24 were arrested during that time.
Not
only are this many men and women getting arrested, but they also have to
live with the consequences that are included with a D.U.I. arrest, Many
lasting much longer than just that terrible night in jail.
Once
you have been pulled over and the presence of alcohol has been found, your
problems really begin. You will first be asked to step out of the vehicle
and complete a few sobriety tests.
These
tests will allow the police officer to monitor your motor skills and sense
of balance.
If intoxication is obvious or revealed through the tests, you will be asked
to breathe into a Breathalyzer. This will read your BAC on the scene. If you
refuse (which you can) your licensee automatically will be suspended for six
months. Driving a vehicle is a privilege, and when you sign your signature
to the bottom of your driver’s liscense, you are agreeing to certain
responsibilities. One of these is to take any driving test, such as sobriety
or Breathalyzer, at any time when asked.
When
you are taken to jail and charged with a D.W.I., your car is impounded at
your expense.
When
you reach jail, there will be an eight to 12 hour wait. Then, a bond will be
set which can be a few hundred to a few thousand dollars in order to get out
of jail. This must be paid up front.
The
next day, you will look for legal representation, because you are now a
criminal who has been charged with a crime. This will cost from $750 to
$2,000. The next step is to ask off work and school in order to meet with
your lawyer and get the actual court date set. You will not have a driver’s
license, so buses, bicycles, and walking will be your transportation for all
of this.
If
you are convicted on your court date the punishment can vary. First time
offenders could face fines up to $2,500, be incarcerated up to a year and a
their license’s revoked for a year. The judge decides whether you must serve
three months in jail, pay $1,250, and spend two years under adult
supervision.
You
may think, from the moment you saw the flashing lights, what a nightmare
this ordeal has been. Remember, this will follow you the rest of your life.
On every application, bank form, and other inquiries about you, this will
come up. You would be surprised at the number of forms you fill out that ask
about D.W.I. arrests.
Being
arrested for a D.W.I. is an expensive way to learn a lesson! Unfortunately,
if you drink and drive, a D.W.I. arrest is not the worse thing that can
happen. You could wake up in the hospital, send someone else to the
hospital, not wake up at all, or worst of all, you could kill someone.
When
people drink and drive, people die, get hurt and go to jail. The statistics
prove it!