It was announced that thirteen Chicago police officers were arrested for driving under the influence last year. Five incidents involved an accident and two resulted in injuries. The disclosure comes days after the news that a veteran police officer was charged with aggravated Ill DUI and reckless homicide for his role in a fiery wreck that killed two people. The officer in that case had a blood alcohol content more than three times the legal limit.

The Police Superintendent Jody Weis, who took office last year after two high-profile bar beatings involving police, created a bureau to evaluate officer conduct and increase training, especially when dealing with excessive drinking and alcohol abuse. After the most recent incident of drunk driving by a police officer, Weis made it mandatory for officers to inform the watch commander and internal affairs when a fellow officer is suspected of being intoxicated. There is an interest in implementing random testing of officers though that will require a change in the contract with the union representing the rank and file.

Of the 13 police officers charged with drunk driving in Illinois during 2008, none have yet lost their jobs. 8 cases have been resolved and 5 remain open. The penalties have included suspension with out pay for 20-45 days, reassignment to a desk position and temporary leave. Four DUI arrests were made by Chicago police, three in the Chicago suburbs and six out of state. With a total force of 13,000 officers, the rate for DUI arrest is one per 1000. The U.S. average is one drunk driving arrest for every 155 motorists.

Weis acknowledges that police officers are held to a higher standard, and accepts that the citizens of Chicago have the right to expect the police to protect them from drunk drivers and not be part of the problem.

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Eric Carmen was sentenced to 180 days in jail for driving under the influence in Ohio, though he will only be required to serve 30. The judge showed little leniency however in doling out additional penalties.

Carmen was arrested for OH DUI in the Cleveland area after crashing into a fire hydrant. He reportedly handed the officer a credit card instead of his driver

A Taskforce on DWI and Vehicular Homicide assembled by Gov. Bobby Jindal has recommended legislation quadrupling the penalty for refusing a breath test in cases of driving while intoxicated in Louisiana. The law, which is still in draft form, would call for the suspension of a motorist

Former Representative Vito Fossella entered a guilty plea in Virginia court Monday. It was the same day that his Virginia DUI jury trial was set to begin.

Fossella, the Republican lawmaker who represented Staten Island New York, was charged with driving under the influence in Alexandria Virginia last May. The arrest report indicated that his blood alcohol content was .17%, over twice the legal limit for intoxication. In the days following the VA DUI arrest, it was learned that Fossella had fathered a child in an extra-marital affair. The combination of events led to his political downfall and he decided to not to run for re-election.

Fossella

Public exposure and two New York DWI arrests

The Court of Appeals overturned a Superior Court ruling that gave Arizona DUI lawyers access to breath-testing equipment software. The panel said it found no evidence to support the claim of the lower court judge that prosecutors have ‘better access’ to the software code for the Intoxilyzer 8000 than defense attorneys.

The Intoxilyzer 8000 has come under repeated attack from lawyers handling cases of suspected driving under the influence. Defense attorneys across the country say that access to the code would enable them to independently verify accuracy and reliability of the equipment. The legal argument is that defendants have a constitutional right to challenge their accusers. The manufacturer of the Intoxilyzer 8000 has countered that the code is a trade secret. The issue of access to the code, as well as incidents of unauthorized changes to state approved equipment and software, have led to court battles in Minnesota, Florida, Louisiana, Massachusetts and New Jersey. After the equipment failed to meet accuracy testing, it was prohibited from use in Tennessee.

In its ruling, the Arizona Court only clarified that prosecutors do not have an advantage over DUI criminal defense attorneys. The underlying issue of ‘substantial need’ for access to the equipment’s software code remains, and state prosecutors believe it will ultimately end up before the Court of Appeals.

The recent ruling means that the Superior Court judge has three options; suppress the breath test evidence in the 23 cases of driving under the influence in Arizona currently before her; permit the prosecutors to enter the breath test results into evidence; or dismiss the AZ DUI charges. It is almost assured that whatever decision is made it will be appealed.

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State Police released arrest figures showing more than 16,156 motorists were charged with driving under the influence in Pennsylvania. That is the highest number in the department

Two criminal defense lawyers will have the opportunity to present an argument challenging breath testing equipment used in cases of suspected driving under the influence in Florida. If they are successful, the court ruling could influence many FL DUI cases, and lead to reduction or dismissal of charges.

The attorneys’ motion claims that the Intoxilyzer 8000, used to test blood alcohol content during Florida DUI arrests, contains different parts than those approved by the state. Further, the machine has parts that do not match the Conforming Products List of Evidential Breath Measurement Devices issued by the US Department of Transportation in 2004. Florida statute says that every motorist issued a driver’s license gives consent to submit an ‘approved’ chemical test. If the Intoxilyzer is using unapproved components, the resulting evidence may be inadmissible in court.

The pending hearing continues the legal challenges mounting against the Intoxilyzer 8000. Florida DUI defense lawyers have repeatedly argued that the manufacturer of the equipment has changed the software used to establish a driver’s BAC without state’s approval and that the method of computing the result cannot be independently verified for accuracy. The issue of due process has led several counties to dismiss breath test results in cases of drunk driving in Florida. Prosecutors are then required to prove intoxication with other evidence, such as officer testimony, field sobriety test results and video.

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Last week the state Senate voted 21-10 to approve a bill that would allow police to establish checkpoints to check for motorists who are driving while intoxicated in Texas.

The bill’s sponsor claims that sobriety checkpoints will save 300 lives each year. Opponents say that roving, saturation patrols looking for Texas DWI offenders are more effective and a better use of funds and manpower. The checkpoint locations would be publicized, and the traffic stop would be videotaped and audio recorded. The bill prohibits law enforcement officers to ask for a driver’s license or proof of insurance. A random system for stopping vehicles must be in place to avoid the perception of profiling.

A Texas Court of Criminal Appeals ruled against sobriety checkpoints in 1994, though it said that state lawmakers could pass legislation making them legal.

Under the proposed legislation, only counties with a population of 250,000 or more and cities with at least 500,000 residents could engage in the practice. Cities that meet the criteria are Austin, Dallas, Fort Worth, Houston, San Antonio and El Paso. The county sheriff or the city mayor would have to approve the set-up of TX DWI checkpoints.

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Raelene Aguilar, the 2008 Miss New Mexico USA, was arrested for driving while intoxicated in El Paso, Texas last week. Aguilar was stopped for speeding and weaving in traffic just after 2:00 am on Thursday.

The arresting officer said the 26-year old beauty queen had droopy, bloodshot eyes and smelled of alcohol. Aguilar was book on charges of Texas DWI at the El Paso County Jail. She posted bond and was released six hours later.

Aguilar’s reign as Miss New Mexico 2008 ended last December. She was also crowned Miss New Mexico Teen USA in 2000. Aquilar currently attends the University of Texas in El Paso.

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