In an amazing story for all the wrong reasons, a man was recently arrested for driving under the influence for the 10th time in his young life. The man, just 38 years old, was driving a vehicle when it swerved off the road and into a ditch where it promptly overturned. The man survived the crash, suffering only minor injuries. When he accepted a blood test, it was discovered that the man's blood alcohol content (BAC) was 0.185.
He was arrested and released on bond, though he is expected back in court in a month. In the meantime, he has been ordered to stay out of establishments that sell alcohol "by the drink," and he has to check in every day with a testing facility to ensure his sobriety. These are very specific, and obviously needed, requirements for a man who has shown repeated disregard for the law.
There are a couple of things to note about this story: the way drunk driving is perceived, and the drawing of blood for alcohol testing. The first part was discussed on this blog before. People automatically assume the worst about someone who has been accused of drunk driving even though many people simply made a mistake, or were unaware they were unsafe to drive. Though the latter is never an excuse for driving drunk, it is a reality. Most people can't tell when they are actually over the legal limit for blood alcohol content.
The second factor was also discussed on this blog just last week. Blood samples are obviously crucial to drunk driving arrests, and they will eventually be taken from a suspect. However, the police must preserve your sample in Minnesota to ensure due process. You and your defense team have a right to test the blood sample just as the prosecution does.
Source: Sawyer County Record, "Man charged with 10th offense drunk driving," Sept. 11, 2014