by Bruce L. Dorner
Ah, that wonderful time of year when we go to parties, renew friendships and share in good food and drink. However, we sometimes get a little too involved with the drink side of the equation.
Often the ride home from the party is uneventful. For a few people the blue lights flashing in the rear view mirror are a clue that something is amiss! The police officer walks up to the side of your car and remains just to the rear of your door. Of course you’re sober as a judge. (Trust me, that excuse doesn’t work at all in court!). The smiling and very polite officer asks you for your driver’s licence and vehicle registration. You’re nervous, you fumble, you apologize. You find the documents.
You ask, “officer, what’s wrong?” He replies that he was unsure if you were OK as he saw your car drift between the yellow lines and the fog line in your lane. Still smiling, the officer asks if you’ve had anything to drink. “Yes, officer, I only had two beers.” (Trust me, that excuse doesn’t work in court either!) The very polite police officer asks if you’d be kind enough to get out of your car and join him on the side of the road. Of course you’re not drunk, so you figure this will clear it all up and you can be on your way. After all, a few cocktails over an evening don’t amount to much.
The officer stands directly in front of you and says he smells an alcoholic beverage odor from your breath and again inquires how much you had to drink. You tell him you may have had three drinks over the entire evening. He next asks if you’d be kind enough to perform a few tests for him so he can be sure you’re fit to drive. (Gee, when he puts it that way it’s hard to say no.) After watching your performance on the first test, the officer says he’s not sure and asks if you’d do one more. Then another. After the series the officer asks you to turn around. He’s formed the opinion that you are under the influence of an alcoholic beverage and are unfit to drive. The handcuffs are affixed and you’re placed in the back of the police car.
You protest, “hey, I had a few drinks, but I’m not drunk!” You’re probably right. There’s a big difference between being a falling down drunk and being under the influence. State law provides that you can’t drive if your ability to operate a motor vehicle is impaired to any degree by the consumption of an alcoholic beverage. Oops, maybe you are under the influence even if you’re not drunk!
The defenses a lawyer can raise to a driving under the influence charge are numerous and myriad. I can’t go into all of the options in this short article, but note that sometimes there are options to deal with a driving under the influence charge that result in an outcome other than a guilty finding. These are very serious charges and you should consult with an attorney as soon as possible after your arrest.
The real purpose for this commentary is to make the reader aware of the penalties for driving under the influence that reach far beyond the steps of the court house. First, if convicted, you will (and must) lose your driving privileges for a period of not less than 90 days, and possibly up to two years. No, New Hampshire has no provision for you to drive only to and from work — no driving — period! Second, there will be a fine in the $400 range, or higher. Third, you will have to complete an alcohol education course at your own expense before your driving privileges are restored. Fourth, you will pay an extra fee to have your right to drive reinstated. Fifth, you will be required to buy a special insurance policy (SR-22) to prove that you have insurance on your right to drive — and this is VERY expensive. You’ll be required to keep this extra insurance in place for three years. Sixth, and most important, think of the impact this will have on your family and your ability to earn a living.
With that said, Happy Holidays — Have Another Drink! But whatever you do, don’t drink and drive.
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.