Photo by Matthew T Rader on Unsplash
It has nearly been a decade since I was pulled over while driving under the influence of alcohol, but I can remember the incident like it happened yesterday. I was returning into town from driving down through California back home (North Valley Los Angeles) from a two-week work-related trip.
Throughout the drive, I stopped and refilled the twelve-pack of Keystone Light. The same twelve-pack from which I had been drinking along the way. I found myself having to stop to use the restroom where no restroom existed. Before exiting the car, I picked up a pipe filled with Marijuana and took a hit. In the rear-view mirror previously filled with darkness, two array of lights — blue and red — appeared. I was about to experience a change in my life for the better.
What is D.U.I?
At the fundamental level, being stopped by police and arrested was a wake-up call for me. I felt like society was trying to convey the following message: “Wait. Hold up. You need to stop and think about why you are being pulled over. Your behavior is concerning society.”
From a policing perspective, the person pulled over is committing a crime. Better yet, the person Driving Under the Influence (D.U.I) is breaking the law and putting herself/himself along with society at risk of injury or death. I am very fortunate that I did not hit or crash my car while driving under the influence. The added burden of harming or killing a person would have been unimaginable. No one should have to have this burden or debt to society. The best course of action would be to use rideshare — Uber or Lyft.
Legal Steps Of a D.U.I.
The legal process is very straight forward for people who choose to drive under the influence of alcohol or drugs and get caught. After being administered a field sobriety test, I was taken to jail. At that point, the police have determined that I was unable to operate a vehicle. This is very important to realize. Why?
Before elaborating on each of the steps, the summary of events is as follows:
- Initial arrest (with a night in jail)
- Hearing with the Department of Motor Vehicles (DMV)
- Hearing with the local Court
- Attending Alcohol Classes
- Installing Ignition Interlock Device
- Completing all requirements to restore Driver’s License
The above steps are the minimal amount of requirements for a first time offender for Driving Under the Influence of Alcohol and getting arrested. I want to clarify/elaborate on each of these steps to drive home the lessons which I learned over two years completing the tasks listed above.
The Initial Arrest
Police have a difficult job to perform. There are dangerous criminals. Who engage in serious crimes such as robbery and murder. As it turns out, drinking and driving while intoxicating can result in the death of an innocent person (i.e., murder by the drunken driver). Driving a car while impaired is similar to carrying a dangerous weapon — the weapon is my car, coupled with my impaired state.
On any given night, the police would love not to have to pull over and process a drunk driver. Why? A single officer has to call for back up to administer the field sobriety test — to ensure all steps are legally justified. Otherwise, the stop might not be arguable in a court of law. Not to mention a large amount of paperwork that has to be completed. On top of all the above, the offender (me) goes to jail for the night. What a pain in the rear end?
I realized that I was a big problem for society. The officers treated me with the utmost respect. I was a piece of work due to the elevated amount of alcohol in my blood system. I am thankful to both officers for treating me with such respect. Both did a stellar job at work that night. I take my hat off to them — with a large amount of respect. I was in no shape to be driving.
The actual arrest is rather simple. After completing the field sobriety test, I wast taken to jail for the night. The amount of time an offender is detained is proportional to their blood alcohol level. Which is to say, the higher the BAC, the longer that I was held — to sober up. I was released late the next afternoon.
Let The Legal Process Begin
Upon being released from spending the night in jail, each recipient of a charge with Drinking while Under the Influence of Alcohol — has a whole host of consequences (court hearings, classes, and restitution) to accomplish to redeem themselves back to society. As I stated above, the process begins with losing the ability to drive (operate) a vehicle. The first item of business is a ‘hearing’ over the phone with the Department of Motor Vehicles (DMV).
If you have a lawyer (unlike myself), you may be able to make strides during this hearing. What would be the best outcome of this hearing? A person may not lose their Driver’s License and not be convicted. Note: there are two convictions from a D.U.I. charge; the first conviction comes from the DMV, while the second is from a Judge in a traditional court of law.
Most people do not realize that the first step exists. Regardless, the DMV is the ultimate ‘gatekeeper’ between a Driver’s License and yourself. If a person does not follow the given steps required by the DMV, there is no hope of ever getting a Driver’s License back. There is no way to shortcut the process of restitution with the DMV. The process can be smooth or rough, depending on the motivation of the offender (the person charged).
In my situation, my blood alcohol level was around 0.33 — yes, more than four times over the legal limit. Not good. I pleaded guilty during this hearing and moved on. Meaning, I turned down the DMV hearing — knowing that I was guilty and hardly had a chance to get past the charge. I decided to take responsibility for the crime that I committed.
Court of Law
The court holds an initial hearing in front of a Judge, and the offender enters a plea. Either ‘not guilty’ or ‘guilty.’ A third option exists ‘no contest.’ ‘No contest’ means that the person charged is effectively admitting guilt but asking for a large amount of forgiveness from the court. Or, as I understood the plea of ‘no contest’ — was that a person (like me) with no legal representation pleads ‘guilty’ in the easiest way possible.
Before I could enter a plea of ‘no contest,’ I had to sign a waiver after waiver to waive my right to legal counsel. I do not necessarily recommend not hiring a lawyer. Although, the D.U.I. Conviction process is very standardized for the first three offenses. A lawyer might not be able to help you in no small degree to reduce the charge. For me, a plea of ‘no contest’ — i.e., ‘guilty’ was the best route looking back on the offense in retrospect.
Once I entered a plea of ‘no contest,’ I was assigned a certain number (months) of alcohol classes, which I would have to attend. On top of paying a fine, I had to participate in 9 months of alcohol classes — since my blood alcohol level was so high. The fine was around $2,000, with all of the court-related fees attached.
Alcohol Classes
When I was in court, a man in front of me went before the Judge. His lawyer was representing him on a charge of D.U.I. After the Judge inspected his paperwork, he noticed that the defendant did not complete his alcohol classes. For him, this was a follow-up hearing. After completing all of the classes and paying the fines, each offender must return to court and follow up with the Judge.
In the case with the gentleman in front of me represented by a lawyer, the Judge asked, “Why has Mr. … not completed his alcohol classes over 13 months?”The lawyer responded: “Your Honor, the manager of the alcohol classes chose to kick my client out of the class after attending nearly 13 months of courses.”To which the Judge responded: “I have no control over the court-mandated alcohol class system. They are private contractors. Either your client completes the mandated classes or finished his sentence off in jail.”The lawyer responded: “Then Your Honor, my client requests another 16 months to complete 13 months’ worth of classes.”
The dialogue above highlights an important reality about the criminal justice system. Throughout the justice system, there are private entities that are acting like ‘gatekeepers’ which prevent a person charged with a crime from returning to a life of normalcy. Let me explain using my situation.
Since my blood alcohol level was 0.33, I was considered an alcoholic. My age (40) was a factor too. I was sentenced to 9 months of alcohol classes. NOTE: These alcohol classes are not Alcoholics Anonymous (AA) classes. AA is an entirely different organization that is a nonprofit organization that is not court funded or mandated (not traditionally). Although, if a Judge feels compelled to sentence a person charged with a D.U.I. To attend AA meetings, then the person will have to attend to attain restitution with the court.
For me, nine months was tough to achieve. I was sober during the entire process, which helps since the instructor can administer a breathalyzer at any time during an alcohol class. If the student (attendee) fails, then he/she will be dismissed immediately. And attendance is critical when trying to complete the court-mandated courses.
Why?
The attendance requirements are strict for alcohol classes. The cost is around $150 a month. Each attendee is required to attend two classes per week. If you miss a class, you can potentially be kicked out of the program.
What?
Yes, which means that you have to start from day one again. Meaning, that if you cannot complete the court-mandated alcohol classes before your follow up hearing, then you will have to ask the Judge for more time. This loophole allows for offenders to get caught up in continuous court-mandated alcohol classes extended over the years.
One of my classmates was initially charged and sentenced to 6 months of alcohol classes. After trying to complete a single cycle, his sentence was extended to 18 months. He could not get his act together to complete the courses. As you can see, private contractors have your fate in their hands. And they are making money while holding your future in their hands.
Interlock Device
While a person is attending alcohol classes and working to pay off their restitution fines, the other lever at work is to install an interlock device. An interlock ignition device a device that controls your vehicle’s ignition. To operate a vehicle, a driver must blow into the interlock device to start the car. The cost is roughly $80 per month with a $200 installation fee.
What can go wrong?
Upon installation, the installer notifies you that a variety of other products can trip the device.
What?
Yes, for instance. If you are eating a chicken sandwich from Jack in the Box, the device will be triggered. The preservative in the chicken sandwich triggers the interlock device. This reality allows corruption to enter the justice system yet again. How? Because the installer can reset the interlock device and not have the trigger reported to the DMV.
I had the device in my car for six months. I did not have any issues or problems with the interlock device. A friend did have issues with his instrument. He was downtown in LA late at night. He was sober. Whatever product he uses in other areas of his life (bath products, hygiene, cologne, etc.), managed to set off the interlock device. He was stuck in his vehicle for nearly 3 hours. The device would not allow him to start his car. Fortunately, nothing serious happened to him.
Restoring Faith in the DMV
Restoring faith in the DMV to trust you to operate a vehicle is a complicated task to accomplish. I found the process most straightforward to navigate by being sober. I could only imagine how complicated the process would have been if I had continued to use drugs/alcohol.
The reality is that if the DMV employee feels like you have not made a ‘best faith’ effort to complete the process of restitution, you will not drive again. At least for quite a while. I lost my license for two years. I paid around $6K in fines and classes. I could not go on vacation for two years.
What is life like now?
I have been sober ever since my D.U.I. The charge of a D.U.I. was the best obstacle in my life for the past several years. I have had sobriety in my corner ever since.
Do I wish that I could drink?
No.
For me, drinking was an extra job. As a functional alcoholic, drugs, and alcohol were an additional job. I had too many balls to juggle in the air.
Life is simple now. I can walk down the street and know that I will not be a hassle to law enforcement. I can feel good knowing that I am not a burden on the court system. I can feel good about not having to feel added amounts of anxiety as a result of drug/alcohol use.
The above is my journey.
You may have experienced a much different journey.
I hope that yours’ ended well too.
If you have a friend in need of recovery, be patient with them. Don’t be afraid to educate yourself with Alcoholics Anonymous. Who knows, they may learn something?
Happy Thanksgiving! Have a safe holiday!
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