DUI BLOG

In the years that President Trump has led from the Oval Office, there have been significant changes to former President Obama’s policies. One of the changes being to the Deferred Action for Childhood Arrivals program, better known by many as DACA. This program, which allowed children who were brought to the United States before the age of 16 by undocumented immigrant parents to apply for deferred status and remain in the United States, was formally rescinded by Trump in 2017.

Under the current policy, for a DACA-eligible immigrant to gain deferred status to continue to stay in this country, they cannot have a felony conviction, a significant misdemeanor conviction, or three or more misdemeanor convictions. They must also pose no threat to national security or public safety. These eligible immigrants are referred to as “Dreamers.” However, under the current policy, there was no path to legal residency or ultimately citizenship.

Democrats have authored a bill to be considered by the House that would affect the process of gaining permanent residency for Dreamers and the conditions that would disqualify them from completing the process. Part of the new bill allows Dreamers to be deported if they have a felony DUI offense, three or more misdemeanor offenses, or if their DUI record can be interpreted by the Secretary of Homeland Security to be a threat. Although this is the main focus of the bill, there is also a section in the bill that allows the Secretary of Homeland Security to grant waivers for undocumented immigrants in regards to up to two DUI misdemeanors being counted against them if they have not had similar convictions in the 10 years leading up to their application for legal status. On the flip side, the Secretary may also deny someone’s legal status with one DUI offense if that offense leads to the belief that the person can be considered a public threat.

Supporters of this bill feel that it would be hypocritical for Congress to hold the Dreamers to a different standard than themselves. There have been several members of Congress who have a history of DUI and, for them, apologies seemed to have sufficed to allow them to continue in their positions. Examples of current members include Texas Representative Kevin Brady who pled no contest to a DUI charge in 2005, Idaho Senator Mike Crapo who pled guilty to DUI in 2013, and former Rhode Island Representative Patrick Kennedy who pled guilty to DUI in 2006.

Opposition to the bill feels that this new bill does not consider the severity of DUI convictions. Ohio Representative Chabot was quoted, “We should not be passing laws which shield drunk drivers from removal or reward them for their dangerous conduct by fast tracking them to get a green card.”

Committee Chairman Jerrold Nadler of New York feels that “people make mistakes and laws and policy decisions should reflect that. [They are] no more or no less a public safety threat than a member of Congress who has a DUI conviction from several years ago.” Nadler continued, “This legislation is intended to recognize reality, that these people are Americans, that they are Americans in every sense except for a piece of paper, and to say, to imply, there’s one standard for members of Congress with a DUI conviction and another … where a single DUI can automatically expel them from the country is wrong.”

As an immigrant myself with permanent residency I agree that it does seem unfair to judge a person from a past DUI conviction when that mistake was just that; a mistake. Although I agree that society as a whole should be well aware of the seriousness and consequences of driving under the influence, setting a different standard for those children who had no say in coming into this country to begin with and have known no other home but this country, seems to be unfair. Obviously, if a Dreamer racks up multiple DUI, misdemeanor, or felony convictions, then at that point they would start to pose a threat to society, and the Secretary of the Department of Homeland Security might have cause to deny legal status. Whether the bill passes or not, let’s hope that even the prospect of the bill becoming law is enough to deter Dreamers from getting behind the wheel while under the influence.  

 

 

The Maui Police Department hope to be able to start enforcing their DUI laws in a more time efficient manner with the purchase and arrival of six new high-tech breathalyzers.

The current Intoxilyzer 8000 models have been used by the department since May 2015 and the introduction of the newer Intoxilyzer 9000s will hopefully allow the officers to spend less time documenting their tests results.

The new device is equipped with a touchscreen rather than a keyboard for easier data entry and its updated software will allow for some of the departmental forms to be incorporated into the device. This will allow the device to create reports rather than the officers manually typing out the reports as they did previously.

A grant totaling $63,000 through the state Department of Transportation allowed for the purchase of the new devices, and the Maui Police Department will be the first department in the state to transition to the Intoxilyzer 9000. The Honolulu Police Department also hopes to soon make the same transition.

DUI Task Force Sergeant Nick Krau has been tasked with the training as well as the writing of policy and operating procedures for the Intoxilyzer 9000 that will eventually be reviewed by the state Department of Health before being distributed. Official training and use of the new devices will take place soon thereafter.

A total of twelve officers, coming from multiple islands, spent time at a two-day training course at the Kihei Police Station in order to familiarize themselves with the new devices. The attending officers will be the ones primarily training other officers.

According to Lieutenant William Hankins, the commander of the police Traffic Section, “The technology is still the same as far as how it analyzes breath readings. It just makes it easier for the officers. Everything’s going to be faster.”

Six devices may not seem like a lot for an entire police department. however, these are not the same devices that patrol officers will have out on the street. The new Intoxilyzer 9000 devices will be analyzing results after the preliminary tests are administered and are to become the tests that are admissible in court.

Each police station in Maui County will have a new Intoxilyzer.

“We always strive to have the most updated technology possible for our officers and our community. It will allow us to get our officers back on the road faster,” said Krau.

I hope that the state departments and various police department heads do their very best to make sure that statement rings true.

A quick Google search revealed that the Intoxilyzer 9000 series has been in circulation as early as 2013. Some of the first states to implement the new model were Georgia and Colorado. Texas made a slower transition as there where a few deficiencies with the device that became apparent after other states had already begun using it but aimed for full implementation in 2015.

Although not quite as new and novel as Krau made it out to be, Hawaii’s implementation of the Intoxilyzer 9000 might signify an emerging trend of modernizing breathalyzers. Perhaps they were merely waiting for all of the deficiencies of the earlier 9000 series to work themselves out.

 

Back in January, we covered Utah and its new DUI law that lowered their blood alcohol content limit to 0.05 percent. (Utah Now Has the Lowest BAC Limit in the Country)

FOX13 of Salt Lake City did a deep dive into new DUI statistics in Utah since the new law’s start. It was reported by the Utah Department of Public Safety that of the 844 people who had been arrested statewide and 38 of them were arrested for having a blood alcohol concentration of between 0.05 and 0.079.

FOX13 took it a step further and broke down the numbers within the 38 who were arrested.

• 7 were found to be under the legal age of drinking
• 24 were alcohol restricted drivers and had previously been arrested for a DUI
• 2 were arrested with a combination of drugs, either prescription or illegal, in their system along with alcohol
• 1 refused a field sobriety test or chemical blood draw, the results which were positive after a warrant was issued
• 4 were arrested with the BAC being the only issue with the results between 0.05 and 0.079

Interestingly, the number of underage drinking violations do not show a change prevalence and, according to Michele Corgliano of the Salt Lake Are Restaurant Association, the breakdown and its supporting numbers show that the majority of the DUI arrests are not of drivers who registered a BAC that fell within the new lowered range.

 “These results are in line with our stand prior to the law: 33 of these arrests would have been illegal under the previous law: underage drinking, drugs, suspended license, etc. This is in line with our research, in that it does NOT show .05 is the reason for impairment,” Corgliano said to FOX13.

The average time it takes for the labs to return with the toxicology results to confirm blood alcohol contents is approximately 60 days. Therefore, we have yet to find out if the more recent months show a similar trend. However, since the time that the new law had been implemented, it seems that most of the arrests were for violations of DUI laws that were already in place before the new 0.05 DUI limit took effect. It may still be too early to make any deductions, but if this trend continues, the effectiveness of the new law could face some scrutiny.

Supporters of the 0.05 DUI law have been focused on the reduction of the crashes, injuries, and deaths, noting that it was never about the number of the arrests, but rather saving more lives from the act of driving under the influence. While that may or may not be true, we do not yet have the numbers of injuries and deaths since the implementation of the new law to determine if this law is making a difference. And having said that, I’m sure they’re not crying that at least some people were arrested under the new lowered BAC limit.

Other states such as California have been contemplating following in Utah’s footsteps and lowering their legal limit from 0.08 percent to 0.05 percent. It will be interesting to see if California lawmakers take into account the numbers that Utah produces before making a decision. Given the aforementioned statistics for Utah’s new law, and if the current trend of seeming ineffectiveness continues, I certainly hope that California takes Utah’s numbers into account.

According to the Florida DMV website, “Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance. Those under 21 years old will be charged with a DUI if their BAC is 0.02% or over and commercial drivers will be charged if their BAC is 0.04% or over.”

The term “motor vehicle” is used by most states and has a wide range of interpretations. In previous posts, we have covered DUI for unusual vehicles such as drones and electric scooters. Well, another “vehicle” has popped up in the news that made me question the thought processes of man; a lawnmower. Yes, that’s right, a lawnmower. Granted, it wasn’t one that you pull the string to get the motor going and push across your lawn. It was a larger type that you sit on and “drive” across your lawn and one that actually had a trailer attached to it, but still, what need would one have to drive it in a parking lot?

I get it. If my neighbor Farmer John needed to borrow my John Deere tractor, someone may drive it across the street to his farm, but I’ll say it again, a lawnmower?

What’s more, the man was caught because he ran into and damaged a police car!

On May 4, a police officer had parked his police cruiser in a parking lot in Haines City, Florida, and stepped inside a nearby business to deal with a dispatch call when he heard a loud noise outside of the business. The officer stepped outside to check the situation to find Gary Anderson, 68, sitting atop of a lawnmower with a trailer containing a cooler. Although he admitted to hitting the patrol car, he denied causing any damage to it. However, upon inspection, the officer saw that there was some damage to the bumper of the cruiser.

Anderson admitted to having “consumed a pint of wine prior to the crash.” The officer conducted field sobriety tests, which Anderson failed. According to the affidavit, Anderson “almost fell to the ground multiple times while walking and standing.” While in custody, Anderson’s demeanor changed from jovial to belligerent with foul language and racial slurs. After a while, he started to accuse the police of poisoning him and asked to be taken to a hospital. Tests were done at the Heart of Florida Regional Medical Center, where results showed Anderson of having a 0.241 percent blood alcohol content, approximately three times the legal limit. The blood tests also revealed cocaine in his system. Anderson, however, accused the officers of poisoning him with the cocaine.

According to one source, Anderson had been convicted of DUI twice within the last 10 years and was charged with a third DUI in 10 years and refusing to submit to a chemical test. However, other sources say his most recent charge was back in 1987. This discrepancy can make a huge difference. According to the Florida Vehicle Code, if Anderson’s third conviction is within 10 years of a prior conviction, then there is a mandatory jail sentence of at least 30 days. If his conviction is more than 10 years of a prior conviction, then imprisonment is for not more than 12 months. Not only is there a difference in possible jail time, if the third DUI is within 10 years of a prior conviction, then Anderson is possibly guilty of committing a third-degree felony.

Anderson was held in jail in lieu of $3,000 bail.

“I’m proud of the professional demeanor our officers showed when dealing with this heavily-intoxicated, belligerent offender,” Haines City police Chief Jim Elensky said in a statement. “It’s never a good idea to get behind the wheel drunk, even if that wheel is to a Craftsman, Massey Ferguson or John Deere.”

The Pennsylvania Senate Majority Policy Committee held a hearing on Monday, May 13^th, seeking public input on new DUI laws.

The hearing was motivated after a fatal DUI related crash in February. The crash occurred around 9:30 p.m. on February 16^th, Deana and Chris Eckman were driving on Route 452 in Upper Chichester, when David Strowhouer’s pickup truck crossed a double yellow line and slammed head-on into their car.

Authorities report that Strowhouer’s blood alcohol level was 0.199 and there were traces of cocaine, diazepam, and marijuana in his system. Court records showed that Strowhouer suffered five prior DUI’s in the last nine years and was on probation at the time of the crash.

Senator Tom Killion, a member of the committee, addressed the hearing, “Since the accident, everyone has been asking the same questions. How could this happen? How could someone who had already had five DUI’s once again get behind the wheel while intoxicated and end someone’s life, and what can we do to prevent this from happening again?”

Deana’s parents had done their homework and came to the hearing with some of the state’s DUI related data. One of them being that the minimum sentences for repeat offenses remain at one year and early release on “good-time” credit is a normal occurrence. As in Strowhouer’s case, a 2017 DUI incident gave him both his fourth and fifth DUI’s. He was given a total sentence of 18 to 36 months in state prison as his sentences were concurrent, rather than consecutive. Strowhouer’s arrest following the crash with the Eckmans would be his sixth DUI.

Deana’s father, Richard DeRosa, stressed that real change can only come from technological changes to the system, such as the Driver Alcohol Detection System (DADSS) which works to immobilize the vehicle when it detects that the driver is over the 0.08 percent legal blood alcohol concentration limit. Others, such as Mothers Against Drunk Driving representative Debbie D’Addona, suggested items such as the SCRAM continuous alcohol monitoring bracelet, which notifies law enforcement when those monitored imbibe.

According to Chris Demko of Pennsylvania Parents Against Impaired Driving, state statistics showed that 300 people are killed every year by drunk drivers in the state and that around 40% of that number involve repeat offenders.

Killion noted that there is a hope for more focus on repeat offenders with repeated high blood alcohol contents and that it was necessary to change the public perception of an initial DUI from “something that is not a big deal to a wake-up call.”

Delaware County District Attorney Katayoun Copeland was open to the idea of implementing more technology to monitor parolees and probationers, and assured that the ideas would be explored further, but also noted that the committee has made progress in the last few years.

The committee’s push for harsher penalties resulted in a new homicide by vehicle while driving under the influence law which carries a mandatory minimum seven-year prison sentence. Although it was small consolation to the family of the Eckmans, Strowhouer was the first person in Delaware County to be charged under the new law.

Copeland also suggested during the hearing that additional laws be enacted in the current session, such as increasing minimum penalties to two or more years for repeat third tier offenders and removing the possibility for early release for repeat offenders.

Given Pennsylvania’s current statistical profile when it comes to DUI’s, it’s no wonder many in the public believe DUI offenders, including repeat offenders, are getting the benefit of the doubt. While I am all for giving someone a second chance, at some point it must be acknowledged that a problem exists when a person suffers multiple DUI offenses with a particularly high blood alcohol content.

Thus, several questions are begged: How do lawmakers address the problem of repeat DUI offenders? Do they punish more severely with the hope of a deterrent effect? Or do they try to keep drunk drivers off the road from the get-go?

DeRosa and D’Addona’s wish to implement more technology also comes with a price, literally. Those items are costly. Will the offenders be able to pay for them? DeRosa suggested during the hearing that Pennsylvania start requiring all new vehicles have the DADSS system installed. That’s nice, but not all of these offenders will be driving a brand-new car. Someone who is driving a 30-year-old clunker is just as likely to have too much to drink.