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A first time DWI can cost you more than money By DAWN SLADE Times photos by Gary Larson Thinking about having a couple drinks after work before heading home? You might want to think again. Even if it's the first time a person has been arrested for driving under the influence, there are consequences. Handcuffs and humiliation are among those consequences. But you also have to deal with losing your driving privileges, which means arranging for transportation to and from work, several fines and fees, increase in insurance rates and possible job loss. The most serious consequences, of course, are the potential for injury and death, to you or someone else. Tests and arrest On Friday, June 20 a mock arrest was set up and Mille Lacs County Deputy Brad Barnes "pulled me over" for drinking and driving. This is what happens when you're arrested. The deputy asked for my driver's license, registration and insurance. After observing me and the contents of my vehicle, he then asked me to step out of the truck. A series of tests were conducted, including the finger-to-nose test, walking a straight line (heel-to-toe) and holding one foot off the ground while counting. The tests are done in order for the officer to observe several things about the individual. Are words slurred or mumbled? Is the person coherent? Is the individual swaying, staggering, or unsteady? What is the person's reaction time like? Is there an odor of alcohol? Are the person's eyes dilated, watery, bloodshot? The individual's mood and attitude are observed. The individual may have actions that the officer will take into consideration as well, such as crying, sweating, vomiting, etc. Then the suspect will be asked to take a breathalizer test to determine the level of alcohol. After breathing into the portable machine, your alcohol level automatically reads out, such as .04, .08, .10, etc. Once it's determined that the individual has been driving under the influence, he or she is handcuffed and placed in the back of the squad car. And don't expect a leisurely drive to jail. With minimal leg room and hands cuffed behind the back, sitting sideways is about the only option available. It's not a comfortable ride, whether you're five feet, four inches tall or six feet, four inches tall. Immediately upon arriving at the jail, I was told to remove all my jewelry, my belt, my shoes and even the binder in my hair. I was patted down by a female officer (men are patted down by male officers). Being patted down by an officer while your hands are up against the wall and your legs are spread apart is humiliating and degrading. An implied consent is read to the individual and the suspect must then give either a sample of blood or urine or take a breathalizer test at jail. You can refuse to take the breathalizer test when you're arrested, but if you refuse once you're in jail, it's considered a crime (a gross misdemeanor). Your fingerprints, photograph and all personal data will become part of the state's criminal data base. Then, officers will ask you to strip off all your clothes. You'll be issued pink undergarments - male and female all wear pink undergarments. You'll be issued the infamous orange outfit along with plastic sandals and you'll be put in a cell. If, for some reason, you become uncontrollable you may be placed in a restraining chair. The chair restrains your legs, arms, waist and shoulders. If you're claustrophobic, this is not a good place to be. There's a lot of time and paperwork involved in being arrested. For this mock exercise, it took two hours, which didn't include completing all the necessary paperwork. The law If arrested for driving under the influence (DUI) and you refuse the test or your alcohol content is .10 or more, your driver's license may be suspended. If you happen to be driving a commercial vehicle and your alcohol content is .04 or higher, your driver's license will be seized. And since you drive for a living, you'll likely need to find another career. There are first, second, third and fourth degree charges for DUI, also known as driving while intoxicated (DWI). Fourth degree is the least severe. It's a misdemeanor if there are no other aggravating factors. Aggravating factors include child endangerment, having an alcohol content of .20 or higher, or any prior impaired driving incidents within the last 10 years. Third degree is qualified with one aggravating factor and is considered a gross misdemeanor. The license plate on the car you're driving may be seized. Second degree DUI, which has two aggravating factors, is considered a gross misdemeanor as well and booking is mandatory. Not only do you lose your license and license plate, you also lose your vehicle. First degree includes three aggravating factors in the past 10 years and is now considered a felony. Mille Lacs County Sheriff Brent Lindgren said, "The DWI laws have become more strict in an effort to curb repeat offenders." Sleeping it off No matter what a person's body weight, the rate alcohol leaves the body is .015 percent per hour. Which means, if an individual has a blood alcohol content of .10 (the current legal limit), he or she will be sitting in jail for at least eight hours. A .25 blood alcohol content will land you in detox. While sobering up in jail, you'll have time to call a lawyer, call someone for a ride home, make arrangements for your car to get out of the pound and apply for a temporary work provision license. You'll also have time to figure out how you'll pay the booking fee, pay-to-stay at jail fee, court fees, bail, attorney fees, impound fees and the increase in your insurance rates. Now if you've caused an accident, there's a lot more time, cost and personal heartache you'll have to deal with. Victim impact panels Offenders of first and second degree DWI can be ordered by the court to attend a MADD (Mothers Against Drunk Drivers) victim impact panel. Some third degree offenders are ordered to go as well, depending on the individual circumstance. The panel is a forum designed to allow drunk drivers and victims who were either injured or lost someone to a drunk driver to come face-to-face. It is a victim-only panel so offenders must listen to how a drunk driver has affected the family and loved ones of a victim. Since the inception of victim panels 18 years ago, there are now judicial systems in 300 counties in 46 states that have incorporated MADD victim panels. Mille Lacs County is one of them. Mille Lacs County MADD Chapter President Margaret Willis said of the impact panels, "I know of one person who attended and stated that he thinks everyone who gets a DWI should have to go to those meetings. He drank for many, many years and nothing else stopped him." Willis said he's been sober for two years. "You have choices, the victims of drunk drivers are not given a choice. If people would think about the people they love most and pick one they would like to lose to a drunk driver, they wouldn't do it." In Mille Lacs County last year, 288 individuals were arrested for DUI. So far this year, 89 people have been arrested in the county, but Lindgren says most DUI arrests are in July and August. That is why law enforcement's safe and sober campaign will be in gear Monday, July 7 through Monday, July 14.
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