New Tactic For Avoiding Enhanced DUI Punishment
Every state in the union has now agreed upon the intoxication levels necessary to constitute a charge for driving a vehicle under the influence of alcohol. Any driver caught driving with a blood alcohol content level of .08 is presumed to be drunk under state law and charged. However, a BAC reading of .05 can still result in a reckless driving charge and can have a major impact on automobile insurance rates, as well as the defendant driving record. The threshold for commercial drivers is .02 BAC. Many people are very apprehensive about driving impaired for this reason, especially for those with prior DUI convictions. But, a Florida attorney has devised a method to use at traffic stops to avoid possible alcohol use detection. And then, he posted it on Facebook. It immediately went viral.
The Method of Avoiding Alcohol Detection
In February 2015, several television stations across the United States aired a segment produced by CBS News about the fair DUI flyer that many individua
ls have actually tried as a method of avoiding interrogation for impaired driving by the police, normally using it at a sobriety checkpoint. One of the broadcasts was aired by a St. Louis television station, but police in Missouri say they have not seen this avoidance tactic yet. The flyer states that the driver is remaining silent, requesting to speak to a lawyer, and refusing to roll down the window. They show their driver's license through the window, which is the real issue with police. The window divides private and public space, while keeping the officer from detecting alcohol odor.
How States Will Respond
Missouri police have not commented on how they will handle this situation in a roadblock or common traffic stop. They have indicated that they see the avoidance tactic on the horizon, and plan to deal with it one step at a time for the present. But, states take intoxicated driving prosecution seriously and could pass legislation for enhanced charges if a defendant is still found guilty of DUI. That may or may not include reckless driving charges, and could also include enhanced penalties for drivers who use the tactic, including extended driving license suspensions and jail time. There are clearly some Constitutional concerns.
Current DUI Penalties in Missouri
DUI charges in Missouri can be enhanced when the material case facts are evaluated by the local prosecutors. Individuals who registered at or above .15 are charged with an aggravated DUI and often receive other alcohol-related charges. Having a minor child in the vehicle at the time of the stop is also a condition for aggravation, regardless of BAC level above .08, and results in another charge. All DUI charges are very serious matters in all states, including Missouri. For the time being, the question will be how zealous and aggressive state officials or police officers will be in investigating a potentially problematic charge. Multiple offenders in Missouri are already punished severely, especially in egregious cases. But, multiple DUI convictions on borderline blood alcohol levels yield the same minimum punishment result, so everyone could be impacted.
Missouri DWI & DUI lawyers understand this legal predicament looming in the near future. Because of the potential legal rights issues, Missouri defense attorneys are gearing up as well. This information could also extend well across the United States and become a national DUI avoidance tactic. It has already been denounced by the Mothers Against Drunk Drivers organization.
