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This is the second of two
articles on driving under the
influence of alcohol
You are standing on the side of
the road. Shivering.
Frightened. Disoriented. Cars
whizzing by on the highway.
There you are for the whole
world to see, silhouetted by the
flashing lights of the patrol
car in front of which you are
standing. Keep it together, you
tell yourself. Focus. It’ll be
okay. You can do it.
Not 5 minutes ago you
were on your way home, after a
relaxing hour with friends over
some drinks, only seconds from
your doorstep. Now you are
cheek to cheek with a Wyoming
Highway patrolman, who has just
finished shining a flashlight in
your face. Suddenly you
understand what it feels like to
be a deer paralyzed in the
headlights.
The officer has just
completed the first of several
field sobriety tests, the
horizontal gaze nystagmus test,
shining the flashlight in your
eyes to check for premature
jerkiness.
The officer is all
business. He asks you to listen
carefully as he gives you
instructions for the next field
sobriety test, the walk and
turn. He tells you to place one
foot in front of the other and
walk 9 paces forward on an
imaginary line, then turn and
walk 9 paces back, arms down at
your sides.
You walk the line
exactly as the officer has
demonstrated, a little slowly
perhaps, but steady, and you’re
beginning to gain a sense of
confidence. This is all going
to work out okay. In a few
moments you’ll be on your way
home.
The officer again tells
you to listen carefully as he
demonstrates the next field
sobriety test, the one leg
stand. He tells you to stand
with one foot on the ground,
either foot, and to raise the
other foot off the ground six
inches, keeping your arms down.
He then asks you to count to 30,
one Mississippi, two
Mississippi, and so on.
You tell the officer
that even on a good day, fresh
off of 8 hours sleep, you can’t
really do this maneuver well.
He ignores your comment and asks
you to begin. You tell the
officer that you have an old
boxing injury which affects your
equilibrium. He very patiently
tells you to begin by raising
one foot.
So you do it. A little
shaky maybe, a little wobbly,
but you count to 30 with one
foot in the air. Just like the
officer asked you.
The officer then asks
you to recite the alphabet,
slowly, without singing it.
Piece of cake, you think to
yourself, and you begin to
recite your ABCs, as you have a
thousand times since you were a
little kid. Done. Okay, you’re
ready to go home now.
The officer then takes
out a portable breathalyzer
device. He asks you to blow
into it. He tells you that if
the breathalyzer registers
between .00 and .05 you are free
to drive home. If it registers
between .06 and .09, he will
call you a cab. If it registers
.10 or more he will arrest you
for driving under the influence.
So, with your whole life
fluttering before your eyes, you
take a deep breath and blow into
the breathalyzer. You wait an
interminable moment or two, and
then he holds the breathalyzer
up to show you the digital
display. You feel yourself
become slightly woozy as you
stare in disbelief at the number
on the display - .12. Your
heart is beating so loudly you
barely hear the officer tell you
that you are under arrest, as he
begins to put handcuffs on you
and put you in the patrol car.
What happens next?
After spending the night in the
Teton County Jail. a person
arrested for a DUI is usually
released the next morning, after
taking (and passing) another
breathalyzer test. A Court date
is set a week or two down the
road. The ultimate outcome of
the case may vary, depending
upon any prior experience with
the judicial system. But
assuming that there is no
previous alcohol related driving
offense, the Court generally
imposes “first offender” terms,
if you either plead guilty or
are found guilty after a trial.
The terms include a $570 fine
and unsupervised probation for a
year.
But that may be the easy
part of this ordeal. Notice of
the DUI conviction is sent to
the Wyoming Department of
Transportation, which then
suspends your license for 90
days. If you have not had a
prior DUI conviction in the last
5 years, you are eligible for a
“hardship license”, which allows
you to drive to and from work
during the period of suspension.
And then there are the
insurance issues. Your
insurance company may refuse to
renew your policy when it
expires. At the very least, you
can expect a hefty increase in
the cost of your insurance
premium during the next few
years.
The vast majority of
folks who are sentenced on a DUI
conviction take the experience
to heart. They consciously
choose not to put themselves,
and others, in harm’s way again.
The consequences for a second
DUI conviction within 5 years
include a mandatory 7 days in
jail and a one year suspension
of driving privileges.
Not to mention the
incalculable toll in human
misery, death and destruction
which accompanies this insidious
national disease of ours.
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