By TADD (Teens Against Drinking and Driving
FACTS ABOUT DRINKING
(1) Drinking coffee after alcohol consumption may make you feel more awake, but you’re NO LESS IMPAIRED.
(2) A bottle of beer 355 ML = a shot 45 ML = A glass of wine 150 ML
(3) Designate a Driver BEFORE the Party Begins!
(4) Alcohol actually increases your susceptibility to cold and hypothermia.
(5) Alcohol slows your reaction time …STAY SHARP!
(6) Over half of the snowmobile fatalities in Manitoba involved alcohol!
(7) Eating while drinking slows the absorption of alcohol; IT DOES NOT stop the process of intoxication.
(8) Only time will overcome the effects of alcohol. Fresh air and dancing DO NOT change the rate at which alcohol is metabolized by the liver.
(9) In general, 40% of all fatalities, 20% of all injuries and 10% of all vehicle and property damage resulting from motor vehicle crashes in Manitoba are found to be ALCOHOL RELATED!
IMPAIRED DRIVING FACTS
(1) On average, 4.5 Canadians are killed and over 125 Canadians are injured DAILY in alcohol related crashes. (Transport Canada)
(2) Direct and indirect costs of alcohol related crashes are estimated to be $7.52 billion annually. (Research Report – Addiction (1998) 93(7) 991-1006)
(3) 70,587 charges of impaired driving were made in 1998. (Canadian Centre for Justice Statistics, 1998)
(4) Approximately 40% of all traffic fatalities are alcohol related. (Traffic Injury Research Foundation)
(5) The Traffic Injury Foundation estimates there are 4.5 million impaired drivers on Canada’s roads every month.
(6) Impaired driving is the single leading criminal cause of death in Canada.
Other Options To Travel When Impaired
Call A Cab
Take Transit (bus, train etc.)
Call a Friend or your Parents. Even if it is 3AM they will be glad you called them!
Plan Ahead. If you know there may be alcohol involved in your outing, have a planned way home.
Use a Designated Driver. This is someone who plans Not to drink and will take you home.
Walk but not alone.
Sleep over.
Stay in a hotel.
Take Transit (bus, train etc.)
Call a Friend or your Parents. Even if it is 3AM they will be glad you called them!
Plan Ahead. If you know there may be alcohol involved in your outing, have a planned way home.
Use a Designated Driver. This is someone who plans Not to drink and will take you home.
Walk but not alone.
Sleep over.
Stay in a hotel.
How Bartenders And A Host Can Prevent Impaired Driving
Michael Root
I was talking to a someone a few years ago about the seriousness of drunk driving in the nigtclub & bar industry. He told me three things that stuck with me and convinced me that, as a bartender and by being an active part of this industry, I am also an active part of the problem of drinking and driving.
40-50% of all drivers killed on Canadian roads were impaired at the time of the accident. (These people would probably be alive if they hadn’t been drinking and driving.)
Half of all alcohol related traffic accidents occur between 11 pm and 3 pm. (Last call)
In North America it is estimated that 1-5 drivers has been drinking and 1 in 10 is legally impaired on any Friday or Saturday night. (Our biggest nights...next time you’re driving on a Friday or Saturday night, start counting cars and do the math.)
I don’t know where he got these statistics, but his points and mine are:
Drunk driving is a serious problem.
As a bartender, server, bar manager etc. We are involved.
We can do something about it.
ALCOHOL AWARENESS - WHAT CAN YOU DO?
Ways to help prevent drunk driving:
Suggest that the patron leave his or her car keys with the manager, who will ensure that the car is not towed away.
Offer to call a cab.
Offer to call a friend or relative who will agree to drive the customer home.
Encourage sober friends to drive the guest home.
Promote a designated driver program.
Install a taxi phone and/or have parking stalls reserved outside the main door for them.
Promote the safe ride program offered in your city...or start your own.
Encourage staff awareness.
If the patron refuses all of the above suggestions and still insists that he is not too intoxicated to drive home, inform your manager of the efforts you have made to provide alternative transportation. Your manager might intervene and inform the patron that the police may have to be called. This can be done anonymously, but this threat must be made with the full intention of following through if necessary.
WHY SHOULD WE GO TO ALL THIS TROUBLE TO PREVENT DRINKING AND DRIVING?
MORAL OBLIGATION
As a bartender or server you are involved and you have a moral obligation to take care of the people you serve and profit from. When people drink, they lose the ability to make good decisions as well as their reflexes and you help them get that way. You also have an obligation to protect innocent people from any harm the customer you over served might cause before he/she sobers up. A little effort on your part can really make a difference. How would you feel if one of your customers drove drunk and killed a woman and her baby?
LEGAL OBLIGATION
If you don’t agree that you have a moral obligation (and some people don’t), read on. In North America when a lawsuit is filed against a bar or restaurant and over service is the claim, the bartender or server will be personally liable also. It happens. Check your local liquor laws or ask your police. YOU can be held PERSONALLY responsible.
I was talking to a someone a few years ago about the seriousness of drunk driving in the nigtclub & bar industry. He told me three things that stuck with me and convinced me that, as a bartender and by being an active part of this industry, I am also an active part of the problem of drinking and driving.
40-50% of all drivers killed on Canadian roads were impaired at the time of the accident. (These people would probably be alive if they hadn’t been drinking and driving.)
Half of all alcohol related traffic accidents occur between 11 pm and 3 pm. (Last call)
In North America it is estimated that 1-5 drivers has been drinking and 1 in 10 is legally impaired on any Friday or Saturday night. (Our biggest nights...next time you’re driving on a Friday or Saturday night, start counting cars and do the math.)
I don’t know where he got these statistics, but his points and mine are:
Drunk driving is a serious problem.
As a bartender, server, bar manager etc. We are involved.
We can do something about it.
ALCOHOL AWARENESS - WHAT CAN YOU DO?
Ways to help prevent drunk driving:
Suggest that the patron leave his or her car keys with the manager, who will ensure that the car is not towed away.
Offer to call a cab.
Offer to call a friend or relative who will agree to drive the customer home.
Encourage sober friends to drive the guest home.
Promote a designated driver program.
Install a taxi phone and/or have parking stalls reserved outside the main door for them.
Promote the safe ride program offered in your city...or start your own.
Encourage staff awareness.
If the patron refuses all of the above suggestions and still insists that he is not too intoxicated to drive home, inform your manager of the efforts you have made to provide alternative transportation. Your manager might intervene and inform the patron that the police may have to be called. This can be done anonymously, but this threat must be made with the full intention of following through if necessary.
WHY SHOULD WE GO TO ALL THIS TROUBLE TO PREVENT DRINKING AND DRIVING?
MORAL OBLIGATION
As a bartender or server you are involved and you have a moral obligation to take care of the people you serve and profit from. When people drink, they lose the ability to make good decisions as well as their reflexes and you help them get that way. You also have an obligation to protect innocent people from any harm the customer you over served might cause before he/she sobers up. A little effort on your part can really make a difference. How would you feel if one of your customers drove drunk and killed a woman and her baby?
LEGAL OBLIGATION
If you don’t agree that you have a moral obligation (and some people don’t), read on. In North America when a lawsuit is filed against a bar or restaurant and over service is the claim, the bartender or server will be personally liable also. It happens. Check your local liquor laws or ask your police. YOU can be held PERSONALLY responsible.
Top 10 Celebrity DUI Arrests of 2007
By Gerri L. Elder
During 2007 there was a bumper crop of celebrity DUI stories. Some were tragic, while others were simply ridiculous. A few celebrities found themselves behind bars for DUI, some headed straight to rehab and others will sort out their DUI arrest issues in the new year.
With the year quickly coming to a close, it's time to count down our top 10 celebrity DUI stories of 2007. Enjoy, take comfort and be pleased that you did not make it on this top 10 list of celebrity DUIs.
10. Gary Collins Pleads Guilty to DUI after Fatal Accident
Actor Gary Collins, 69, has probably seen better days. He's almost off the map as a celebrity, but when he was arrested for DUI on October 23, 2007 in Sherman Oaks, California with a reported blood alcohol content of more than twice the legal limit, he was thrust back into the spotlight. Collins reportedly crashed his vehicle into a car driven by an 80 year old man. The man later died from the injuries he sustained in the accident. Collins was found not to be at fault in the wreck and will not face vehicular manslaughter charges, but he did plead guilty to DUI and was sentenced to 4 days in jail and 4 years of probation. He also was ordered to pay a $500 fine, perform 100 hours of community service, enroll in an 18-month alcohol education course and attend 26 Alcoholics Anonymous meetings.
9. Rebecca De Mornay Arrested for DUI
On October 30, 2007, actress Rebecca De Mornay of "Risky Business" fame allegedly indulged in a little risky business of her own. She was pulled over by police in Beverly Hills, California for a minor traffic violation and the officer smelled alcohol on her breath. She allegedly failed several field sobriety tests and was placed under arrest for suspicion of DUI. She reportedly registered a .09 BAC, just over the legal limit, on a breath test.
8. Mickey Rourke Arrested for DUI on a Scooter
In the early morning hours of November 8, 2007, actor Mickey Rourke who is probably best known for his role in the "9 1/2 Weeks" movie with Kim Basinger, was arrested on suspicion of DUI after leaving a nightclub in Miami on a Vespa scooter. Rourke reportedly failed a field sobriety test and registered a .081 BAC on his initial breath test. A later test on a different breath test machine showed Rourke had a BAC of .074. The DUI charge against Rourke may be dismissed because the Miami Beach police department says that the Breathalyzer machine malfunctioned during Rourke's first breath test and his second test registered below the legal BAC limit. His driver's license has already been reinstated.
7. Kirsten Storms Arrested for DUI after Littering Stop
Soap actress and Disney voice artist Kirsten Storms of "General Hospital" was arrested for DUI on September 7 in Studio City, California. Storms was pulled over by the police after they saw her littering the highway when she flicked a lit cigarette out of her car window. Police smelled alcohol on Storms's breath and asked her to complete several field sobriety tests, which she reportedly failed. She was then placed under arrest for DUI. On November 7, Storms pleaded no contest to DUI and was sentenced to three years probation and will be required to attend 12 Alcoholics Anonymous meetings. Her driver's license was suspended for 6 months and she was fined $1,643. She will also be required to participate in a 90-day alcohol education program.
6. Michelle Rodriguez Arrested for DUI Again...and Again...
Former "Lost" star, Michelle Rodriguez, spent Christmas in jail this year for violating her probation in her DUI case. Rodriquez checked into Los Angeles women's detention center at Lynwood on December 23 to begin serving her 180-day jail sentence. The actress has a long history of DUI arrests and probation violations dating back to two incidents in 2003 when she was charged with hit-and-run, DUI and driving under a suspended license. She pleaded no contest to those charges and was ordered to complete 30 days of community service and was put on probation for 3 years. She was arrested for DUI again in Hawaii in 2005 and was sentenced to 60 days in jail.
However, Rodriguez used the revolving door at the jail and served less than a day because of overcrowding at the jail. Her probation was extended and she was ordered to be monitored for alcohol use and complete her previously ordered community service requirement. Rodriguez told the court that she had completed her community service on September 25, but there was evidence suggesting that she had not. She also allegedly consumed alcohol on three occasions while wearing the alcohol monitoring device. In October the judge ordered her to report to jail on Christmas Eve to serve 6 months behind bars and specified that Rodriguez will not be eligible for early release and must serve all of her sentence. While Rodriguez was not arrested for DUI during 2007, her consumption of alcohol did land her in jail in connection with her DUI arrest, and therefore she makes our top ten celebrity DUI list for 2007. Given her history, watch this space next year for more DUI news on Michelle Rodriguez!
5. Kurt Angle Arrested for DUI Based on Telephone Call
WWE wrestler Kurt Angle was arrested for DUI in Pennsylvania on September 28 after another driver took down his license plate number and called police, alleging that he was driving erratically and almost hit her. Police tracked the tag number to Angle and visited his home. Angle reportedly admitted that he had been driving and was on his way home from a bar. The officers said that Angle appeared intoxicated and they smelled alcohol on his breath. Angle failed field sobriety tests and reportedly refused to take a blood test to determine his blood alcohol content. His refusal to take a blood test resulted in an automatic one-year suspension of his driver's license. Angle denies that he was driving drunk. His DUI lawyer issued a statement indicating that the police have no first hand knowledge of Angle operating his vehicle and no proof blood alcohol content and he believes that the DUI arrest was made based on Angle's celebrity status as an Olympic gold medalist and WWE professional wrestler.
4. Ty Pennington DUI Case Closes Quickly
On May 5, 2007, handy hunk Ty Pennington of "Extreme Makeover: Home Edition" was arrested for DUI in Los Angeles. Pennington reportedly had a blood alcohol content of .14. This DUI case was not dragged out at all and on May 25, Pennington went to court and pleaded no contest to DUI. He was sentenced to three years probation and seemed to be humiliated by the whole ordeal. Let's hope this handyman hires a driver!
3. Vivica A. Fox DUI - Shades of Mel Gibson?
Actress and former "Dancing with the Stars" contestant Vivica A. Fox made headlines this year when she was arrested for DUI on March 20 and allegedly made racial remarks to and about the arresting officer. Fox was reportedly speeding when she passed a patrol car on Highway 101 in the San Fernando Valley. She reportedly failed a field sobriety test and was arrested for suspicion of DUI. During the stop, Fox reportedly yelled to a Hispanic officer, "Brother help a sister -- are you going to let this racist white cop do this ... well are you?"
Down at the station, Fox reportedly burped loudly while the officer was trying to administer a breath test and the officer had to abort the test. Another test was given and Fox blew a .09. On September 27, Fox pleaded not guilty to DUI and on August 8 a judge ordered her not to consume any alcohol until the charges against her were resolved. On December 3, Fox failed to show up for her DUI hearing and the judge ordered her to be booked by December 11 or a bench warrant for her arrest would be issued. Rather than irritate the judge any further and risk arrest, on December 5 Fox showed up at the LAPD and was booked, fingerprinted and posed for a mugshot photoshoot. On December 7 Fox pleaded no contest to DUI and was sentenced to three years probation. She will also be required to attend a 90-day alcohol education program.
2. Kiefer Sutherland Designs His Own DUI Sentence
Actor Kiefer Sutherland is now in jail in Glendale, California, serving a 48-day sentence for his DUI arrest on September 25. The "24" actor was pulled over by Los Angeles police for making an illegal U-turn and after reportedly failing field sobriety tests, was arrested for suspicion of DUI. This was Sutherland's 4th arrest for DUI and he was still on probation for a DUI conviction in 2004. Sutherland had previously pleaded guilty to DUI charges in 1989 and 1993. In jail, Sutherland is being treated just like any other inmate and has been assigned to laundry and kitchen duty. He is expected to serve his entire sentence with no early release conditions. However, his sentence was arranged to coincide with the break in filming his hit television show. Sutherland was also sentenced to 5 years probation and he will have to enroll in an 18-month alcohol treatment program. He will also be required to attend therapy sessions each week for six months.
1. Lindsay Lohan - What More Can We Say?
Hollywood mischief-maker Lindsay Lohan comes it at number 1 on our top 10 celebrity DUI list because who could top two DUI arrests in less than 2 months? On Memorial Day weekend, Lohan crashed her car and left the scene of the accident before police could get there. A small amount of cocaine was reportedly found inside the wrecked vehicle, but Lohan wasn't charged with drug possession. She was arrested for DUI in connection with the accident and shortly thereafter checked into rehab.
After a 45-day stint in rehab, Loahn took it upon herself to wear an alcohol monitoring ankle bracelet. She was still wearing the alcohol monitoring device on July 24 when she went on a bizarre car chase, allegedly pursuing an assistant who had quit and had her mother pick her up. Police were called and at the conclusion of the chase, Lohan was arrested for her second DUI and also charged with driving with a suspended license. She also faced drug charges in connection with a small amount of cocaine that was reportedly in her pocket at the time of her arrest.
On August 23, Lohan agreed to a plea deal, pleaded guilty to two charges of DUI, two charges of being under the influence of a controlled substance and reckless driving. She was sentenced to 96 hours in jail, 10 days of community service and ordered to complete a drug treatment program. On November 15, Lohan checked herself into jail at the Los Angeles women's detention center at Lynwood and served 84 minutes in jail.
And you're probably wondering exactly how this list could be complete without socialites Paris Hilton and Nicole Richie. The reason they didn't make the top 10 celebrity DUI list this year is because they were both arrested for DUI in 2006 rather than 2007.
While Paris Hilton made big news in 2007 when she went to jail, then to house arrest and then back to jail, she technically went to jail for violating her DUI probation by driving with a suspended driver's license and not DUI. Hilton was arrested for alcohol-related reckless driving on September 6, 2006 and pleaded no contest to the charges. She was put on probation. On February 27, 2007 cops spotted Hilton speeding down Sunset Boulevard at night with no headlights on and when they pulled her over, they realized that she was driving with a suspended license and she was arrested again. Her humorous jail stint was for violating the terms of her probation. As far as we know, Hilton hasn't been popped for DUI since her September, 2006 arrest. Spending 23 days in jail may have taught Hilton a lesson about drinking and driving though, as lately she has been seen leaving clubs with the assistance of a driver rather than chancing another DUI arrest.
Hilton's pal and "Simple Life" co-star, Nicole Richie, was arrested for DUI on December 11, 2006 after cops caught her driving the wrong way on a Burbank freeway. Perhaps her intoxication played a part in her confession to police that she had taken the prescription drug Vicodin and smoked some pot before driving, but perhaps if she had contacted a DUI lawyer first she may not readily revealed that information. Since Richie had pleaded no contest to a DUI charge 4 years earlier, a jail sentence was mandatory. After pleading guilty to DUI, she was sentenced to four days in jail and 3 years of probation. On August 23, 2007 while Lindsay Lohan was making her own DUI sentencing headlines, Richie reported to the Century Regional Detention Center in Los Angeles and served an 82 minute sentence. Richie is currently expecting a baby with boyfriend Joel Madden and has seemed to have turned her life around since becoming pregnant, so hopefully there will be no more DUI arrests in her future.
During 2007 there was a bumper crop of celebrity DUI stories. Some were tragic, while others were simply ridiculous. A few celebrities found themselves behind bars for DUI, some headed straight to rehab and others will sort out their DUI arrest issues in the new year.
With the year quickly coming to a close, it's time to count down our top 10 celebrity DUI stories of 2007. Enjoy, take comfort and be pleased that you did not make it on this top 10 list of celebrity DUIs.
10. Gary Collins Pleads Guilty to DUI after Fatal Accident
Actor Gary Collins, 69, has probably seen better days. He's almost off the map as a celebrity, but when he was arrested for DUI on October 23, 2007 in Sherman Oaks, California with a reported blood alcohol content of more than twice the legal limit, he was thrust back into the spotlight. Collins reportedly crashed his vehicle into a car driven by an 80 year old man. The man later died from the injuries he sustained in the accident. Collins was found not to be at fault in the wreck and will not face vehicular manslaughter charges, but he did plead guilty to DUI and was sentenced to 4 days in jail and 4 years of probation. He also was ordered to pay a $500 fine, perform 100 hours of community service, enroll in an 18-month alcohol education course and attend 26 Alcoholics Anonymous meetings.
9. Rebecca De Mornay Arrested for DUI
On October 30, 2007, actress Rebecca De Mornay of "Risky Business" fame allegedly indulged in a little risky business of her own. She was pulled over by police in Beverly Hills, California for a minor traffic violation and the officer smelled alcohol on her breath. She allegedly failed several field sobriety tests and was placed under arrest for suspicion of DUI. She reportedly registered a .09 BAC, just over the legal limit, on a breath test.
8. Mickey Rourke Arrested for DUI on a Scooter
In the early morning hours of November 8, 2007, actor Mickey Rourke who is probably best known for his role in the "9 1/2 Weeks" movie with Kim Basinger, was arrested on suspicion of DUI after leaving a nightclub in Miami on a Vespa scooter. Rourke reportedly failed a field sobriety test and registered a .081 BAC on his initial breath test. A later test on a different breath test machine showed Rourke had a BAC of .074. The DUI charge against Rourke may be dismissed because the Miami Beach police department says that the Breathalyzer machine malfunctioned during Rourke's first breath test and his second test registered below the legal BAC limit. His driver's license has already been reinstated.
7. Kirsten Storms Arrested for DUI after Littering Stop
Soap actress and Disney voice artist Kirsten Storms of "General Hospital" was arrested for DUI on September 7 in Studio City, California. Storms was pulled over by the police after they saw her littering the highway when she flicked a lit cigarette out of her car window. Police smelled alcohol on Storms's breath and asked her to complete several field sobriety tests, which she reportedly failed. She was then placed under arrest for DUI. On November 7, Storms pleaded no contest to DUI and was sentenced to three years probation and will be required to attend 12 Alcoholics Anonymous meetings. Her driver's license was suspended for 6 months and she was fined $1,643. She will also be required to participate in a 90-day alcohol education program.
6. Michelle Rodriguez Arrested for DUI Again...and Again...
Former "Lost" star, Michelle Rodriguez, spent Christmas in jail this year for violating her probation in her DUI case. Rodriquez checked into Los Angeles women's detention center at Lynwood on December 23 to begin serving her 180-day jail sentence. The actress has a long history of DUI arrests and probation violations dating back to two incidents in 2003 when she was charged with hit-and-run, DUI and driving under a suspended license. She pleaded no contest to those charges and was ordered to complete 30 days of community service and was put on probation for 3 years. She was arrested for DUI again in Hawaii in 2005 and was sentenced to 60 days in jail.
However, Rodriguez used the revolving door at the jail and served less than a day because of overcrowding at the jail. Her probation was extended and she was ordered to be monitored for alcohol use and complete her previously ordered community service requirement. Rodriguez told the court that she had completed her community service on September 25, but there was evidence suggesting that she had not. She also allegedly consumed alcohol on three occasions while wearing the alcohol monitoring device. In October the judge ordered her to report to jail on Christmas Eve to serve 6 months behind bars and specified that Rodriguez will not be eligible for early release and must serve all of her sentence. While Rodriguez was not arrested for DUI during 2007, her consumption of alcohol did land her in jail in connection with her DUI arrest, and therefore she makes our top ten celebrity DUI list for 2007. Given her history, watch this space next year for more DUI news on Michelle Rodriguez!
5. Kurt Angle Arrested for DUI Based on Telephone Call
WWE wrestler Kurt Angle was arrested for DUI in Pennsylvania on September 28 after another driver took down his license plate number and called police, alleging that he was driving erratically and almost hit her. Police tracked the tag number to Angle and visited his home. Angle reportedly admitted that he had been driving and was on his way home from a bar. The officers said that Angle appeared intoxicated and they smelled alcohol on his breath. Angle failed field sobriety tests and reportedly refused to take a blood test to determine his blood alcohol content. His refusal to take a blood test resulted in an automatic one-year suspension of his driver's license. Angle denies that he was driving drunk. His DUI lawyer issued a statement indicating that the police have no first hand knowledge of Angle operating his vehicle and no proof blood alcohol content and he believes that the DUI arrest was made based on Angle's celebrity status as an Olympic gold medalist and WWE professional wrestler.
4. Ty Pennington DUI Case Closes Quickly
On May 5, 2007, handy hunk Ty Pennington of "Extreme Makeover: Home Edition" was arrested for DUI in Los Angeles. Pennington reportedly had a blood alcohol content of .14. This DUI case was not dragged out at all and on May 25, Pennington went to court and pleaded no contest to DUI. He was sentenced to three years probation and seemed to be humiliated by the whole ordeal. Let's hope this handyman hires a driver!
3. Vivica A. Fox DUI - Shades of Mel Gibson?
Actress and former "Dancing with the Stars" contestant Vivica A. Fox made headlines this year when she was arrested for DUI on March 20 and allegedly made racial remarks to and about the arresting officer. Fox was reportedly speeding when she passed a patrol car on Highway 101 in the San Fernando Valley. She reportedly failed a field sobriety test and was arrested for suspicion of DUI. During the stop, Fox reportedly yelled to a Hispanic officer, "Brother help a sister -- are you going to let this racist white cop do this ... well are you?"
Down at the station, Fox reportedly burped loudly while the officer was trying to administer a breath test and the officer had to abort the test. Another test was given and Fox blew a .09. On September 27, Fox pleaded not guilty to DUI and on August 8 a judge ordered her not to consume any alcohol until the charges against her were resolved. On December 3, Fox failed to show up for her DUI hearing and the judge ordered her to be booked by December 11 or a bench warrant for her arrest would be issued. Rather than irritate the judge any further and risk arrest, on December 5 Fox showed up at the LAPD and was booked, fingerprinted and posed for a mugshot photoshoot. On December 7 Fox pleaded no contest to DUI and was sentenced to three years probation. She will also be required to attend a 90-day alcohol education program.
2. Kiefer Sutherland Designs His Own DUI Sentence
Actor Kiefer Sutherland is now in jail in Glendale, California, serving a 48-day sentence for his DUI arrest on September 25. The "24" actor was pulled over by Los Angeles police for making an illegal U-turn and after reportedly failing field sobriety tests, was arrested for suspicion of DUI. This was Sutherland's 4th arrest for DUI and he was still on probation for a DUI conviction in 2004. Sutherland had previously pleaded guilty to DUI charges in 1989 and 1993. In jail, Sutherland is being treated just like any other inmate and has been assigned to laundry and kitchen duty. He is expected to serve his entire sentence with no early release conditions. However, his sentence was arranged to coincide with the break in filming his hit television show. Sutherland was also sentenced to 5 years probation and he will have to enroll in an 18-month alcohol treatment program. He will also be required to attend therapy sessions each week for six months.
1. Lindsay Lohan - What More Can We Say?
Hollywood mischief-maker Lindsay Lohan comes it at number 1 on our top 10 celebrity DUI list because who could top two DUI arrests in less than 2 months? On Memorial Day weekend, Lohan crashed her car and left the scene of the accident before police could get there. A small amount of cocaine was reportedly found inside the wrecked vehicle, but Lohan wasn't charged with drug possession. She was arrested for DUI in connection with the accident and shortly thereafter checked into rehab.
After a 45-day stint in rehab, Loahn took it upon herself to wear an alcohol monitoring ankle bracelet. She was still wearing the alcohol monitoring device on July 24 when she went on a bizarre car chase, allegedly pursuing an assistant who had quit and had her mother pick her up. Police were called and at the conclusion of the chase, Lohan was arrested for her second DUI and also charged with driving with a suspended license. She also faced drug charges in connection with a small amount of cocaine that was reportedly in her pocket at the time of her arrest.
On August 23, Lohan agreed to a plea deal, pleaded guilty to two charges of DUI, two charges of being under the influence of a controlled substance and reckless driving. She was sentenced to 96 hours in jail, 10 days of community service and ordered to complete a drug treatment program. On November 15, Lohan checked herself into jail at the Los Angeles women's detention center at Lynwood and served 84 minutes in jail.
And you're probably wondering exactly how this list could be complete without socialites Paris Hilton and Nicole Richie. The reason they didn't make the top 10 celebrity DUI list this year is because they were both arrested for DUI in 2006 rather than 2007.
While Paris Hilton made big news in 2007 when she went to jail, then to house arrest and then back to jail, she technically went to jail for violating her DUI probation by driving with a suspended driver's license and not DUI. Hilton was arrested for alcohol-related reckless driving on September 6, 2006 and pleaded no contest to the charges. She was put on probation. On February 27, 2007 cops spotted Hilton speeding down Sunset Boulevard at night with no headlights on and when they pulled her over, they realized that she was driving with a suspended license and she was arrested again. Her humorous jail stint was for violating the terms of her probation. As far as we know, Hilton hasn't been popped for DUI since her September, 2006 arrest. Spending 23 days in jail may have taught Hilton a lesson about drinking and driving though, as lately she has been seen leaving clubs with the assistance of a driver rather than chancing another DUI arrest.
Hilton's pal and "Simple Life" co-star, Nicole Richie, was arrested for DUI on December 11, 2006 after cops caught her driving the wrong way on a Burbank freeway. Perhaps her intoxication played a part in her confession to police that she had taken the prescription drug Vicodin and smoked some pot before driving, but perhaps if she had contacted a DUI lawyer first she may not readily revealed that information. Since Richie had pleaded no contest to a DUI charge 4 years earlier, a jail sentence was mandatory. After pleading guilty to DUI, she was sentenced to four days in jail and 3 years of probation. On August 23, 2007 while Lindsay Lohan was making her own DUI sentencing headlines, Richie reported to the Century Regional Detention Center in Los Angeles and served an 82 minute sentence. Richie is currently expecting a baby with boyfriend Joel Madden and has seemed to have turned her life around since becoming pregnant, so hopefully there will be no more DUI arrests in her future.
You Can Be Charged For Drunk Driving Even If You Dont Turn The Key
Some cases of people being charged with drunk driving without actually driving:
Hartford, CT. Mar 24 – Drunken people don’t actually have to drive their cars to be charged with operating a motor vehicle under the influence of alcohol or drugs, the state Supreme Court ruled Monday.
The court’s 5-0 ruling came in the case of Michael Cyr, who was arrested in Manchester in February 2005 in a parking lot near a bar. He had started his car remotely and then sat in the driver’s seat intoxicated, but never put the key into the ignition and didn’t drive anywhere.
Justices ordered the state Appellate Court, which had thrown out Cyr’s conviction, to reinstate it and send the case back to Superior Court in Manchester for sentencing.
Cyr, 50, of Andover, faces a year in prison followed by three years of probation.
Minneapolis, MN. Mar. 24 – Daryl Fleck was drunk and asleep in his car in the parking lot of his Crookston apartment building when someone called police.
Officers who responded that night in 2007 saw his car keys on the console between the front seats, but found no evidence that Fleck, who was parked in his assigned spot, had recently driven.
Nonetheless, Fleck was convicted of drunken driving, and on Tuesday, the Minnesota Court of Appeals upheld that conviction in a decision that serves as a reminder that a person can be guilty of drunken driving without having driven.
The appeals court said that Fleck’s keys were "readily available to him," and there was no evidence he was in the car to do something other than drive.
Hartford, CT. Mar 24 – Drunken people don’t actually have to drive their cars to be charged with operating a motor vehicle under the influence of alcohol or drugs, the state Supreme Court ruled Monday.
The court’s 5-0 ruling came in the case of Michael Cyr, who was arrested in Manchester in February 2005 in a parking lot near a bar. He had started his car remotely and then sat in the driver’s seat intoxicated, but never put the key into the ignition and didn’t drive anywhere.
Justices ordered the state Appellate Court, which had thrown out Cyr’s conviction, to reinstate it and send the case back to Superior Court in Manchester for sentencing.
Cyr, 50, of Andover, faces a year in prison followed by three years of probation.
Minneapolis, MN. Mar. 24 – Daryl Fleck was drunk and asleep in his car in the parking lot of his Crookston apartment building when someone called police.
Officers who responded that night in 2007 saw his car keys on the console between the front seats, but found no evidence that Fleck, who was parked in his assigned spot, had recently driven.
Nonetheless, Fleck was convicted of drunken driving, and on Tuesday, the Minnesota Court of Appeals upheld that conviction in a decision that serves as a reminder that a person can be guilty of drunken driving without having driven.
The appeals court said that Fleck’s keys were "readily available to him," and there was no evidence he was in the car to do something other than drive.
Why Do Police Destroy the Evidence in DUI Cases?
By Lawrence Taylor on November 4th, 2004
As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations.
What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test. In fact, it’s the ONLY evidence of the crime of driving with over .08% blood alcohol. And it’s pretty important for the "driving under the influence" charge, too: the law presumes the defendant is under the influence if the test result is .08% or higher. Evidence just doesn’t get more important than that.
So, of course, the police are careful to preserve the breath sample, right? I mean, there may be some question later of whether the machine was working correctly; it would be a simple matter to save the sample so it could be tested again on another machine. And, hard to believe, but the defense may not want to just take the officer’s word that the test results were from the defendant’s test.
Unfortunately, the breath sample is routinely destroyed moments after it is tested.
But how can this be? That’s a question that was asked a few years ago by a defendant in California appealing his DUI conviction. The Court of Appeals of that state agreed and reversed the conviction:
"Due process simply demands that where evidence is collected by the state, as it is with the Intoxilyzer, or any other breath testing device, law enforcement agencies must establish and follow rigorous and sytematic procedures to preserve the captured evidence or its equivalent for the use of the defendant." People v. Trombetta, 142 CalApp.3d 138 (1983).
How hard is it to save the defendant’s breath sample for later retesting? The Court noted that a "field crimper-indium encapsulation kit" was readily available, cheap and approved by the California Department of Health Services. So why isn’t the evidence saved in DUI cases today?
The Trombetta case was appealed by the state to the United States Supreme Court….where it was reversed:
"Whatever duty the Constitution imposes on the States to preserve evidence, that duty must be limited to evidence that might be expected to play a significant role in the suspect’s defense. To meet this standard of constitutional materiality, evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and also be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonable means. Neither of these conditions is met on the facts of this case." California v. Trombetta, 467 U.S. 479 (1984).
What? Neither of these two conditions is met in a DUI case? Let’s take another look at the Supreme Court’s test:
1. The possible value of the defendant’s breath sample in helping prove innocence was not apparent before it was destroyed…..What? The machine never makes mistakes? It was not apparent to the police that a re-analysis of the all-important breath sample might be of any value to the suspect?
2. The defendant was able to "obtain comparable evidence by other means"…..How? He has no access to another breath test. At best, he might be able to get a blood test at a hospital, if the police let him — but it would probably be so much later that it would not be relevant or even admissible in court.
Another example of "the DUI exception to the Constitution".
It’s interesting that the New Hampshire Supreme Court later rejected the Supreme Court’s reasoning, and relied upon its own state constitution in requiring breath samples to be saved:
"A suspect would face numerous practical difficulties in obtaining a second sample on his or her own. While in police custody, the suspect would have to locate an available, licensed technician capable of promptly performing a second test, no matter what time of day or night. Even if a defendant successfully obtained an independent second test, the results would not have the same evidentiary force as would a second test performed on the same machine at approximately the same time." Opinion of the Justices, 557 A.2d 1355 (1989).
The Trombetta decison was, as intended, a huge green flag to police agencies across the country: Go ahead and destroy the main evidence — but only in DUI cases. And law enforcement agencies have happily complied.
Drinking And Driving Laws And Penalties
In Canada
For the first offense: $1000 fine, 1-year driving prohibition;
For the second offense: 30 days jail, 2-year driving prohibition
For the third or subsequent offense: 120 days jail, 3-year driving prohibition.
In Ontario, a person convicted of a DUI must also complete an 8 month training course and install an ignition interlock device for a period of one year after the licence suspension. Jail time can be imposed for any first time Criminal Code drinking and driving offence. Jail is appropriate where there is an accident and/or the readings are high. Readings above 160 mg/100mLs are an aggravating circumstance. Jail is the minimum punishment for second and third offences.
In The United States
For the first offense: $1000 fine, 1-year driving prohibition;
For the second offense: 30 days jail, 2-year driving prohibition
For the third or subsequent offense: 120 days jail, 3-year driving prohibition.
In Ontario, a person convicted of a DUI must also complete an 8 month training course and install an ignition interlock device for a period of one year after the licence suspension. Jail time can be imposed for any first time Criminal Code drinking and driving offence. Jail is appropriate where there is an accident and/or the readings are high. Readings above 160 mg/100mLs are an aggravating circumstance. Jail is the minimum punishment for second and third offences.
In The United States
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail). However, the offense may be elevated to a felony (punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), or extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists that is, where the defendant exhibited a reckless indifference to the lives of others.
Drivers stopped for drunk driving who refuse to take the sobriety test or whose test results exceed the legal limit of Blood Alcohol Concentration (BAC) may have their driver's license confiscated on the spot, and their suspension begins immediately.
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