I donÂ’t have much sympathy for those who drive while intoxicated. But at the same time, I do have a problem with a policy that throws common sense and statutory law out the window. Take the practice of the Washington, DC police and prosecutor regarding DUI cases

Elizabeth Wingo, chief of the criminal section in the D.C. Attorney General's Office, said her office prosecutes cases regardless of blood alcohol level, as long as there is sufficient evidence of impairment.

"We have zero tolerance for drunk driving. It doesn't matter what your blood alcohol level is," Wingo said. "If you blow .02 and officers can tell you're impaired, you'll be arrested for DUI."

The law says people can be found guilty if they drink enough alcohol "to appreciably disturb or interfere with their normal mental or physical faculties."

Now that sounds perfectly reasonable – .07 and .08 are mighty close, and the impairment level is insignificantly different. But DC police and prosecutors are bringing charges against folks with a BAC of .03, .01, and even .00, based upon breathalyzer results, on the basis that their alcohol consumption had impaired them. In one case, the basis for a determination of impairment was the driver’s failure to turn on her headlights soon enough in the twilight to suit the police officer. Another case involved a woman who answered her cell phone while driving.

Drunk and drugged driving is a serious offense. LetÂ’s not trivialize it by making every driver who has had a single glass of wine guilty of a criminal offense.

Posted by: Greg at 11:55 AM | No Comments | Add Comment
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