“Over the Limit, Under Arrest” Labor Day Weekend 2009

This is the last weekend of our Ithaca summer, and what a glorious upstate New York summer it has been. We have used our air conditioning only a handful of times. This marks the official ending of the season although I always gauge the transition to reality when my kids go back to school in Ithaca next week.

From someone who represents people charged with DWI a first hand warning to the those out there attending BBQs and assorted parties. There is nationwide DWI crackdown campaign going on these past few weeks called, "Over the limit, Under arrest." There are DWI Sobriety Checkpoints at many roads in Seneca County (especially route 96) where they are stopping cars randomly. They (the police) do not need probable cause for the stop (at these checkpoints) but they will need probable cause to proceed further with testing and subsequent arrests.

Even without Sobriety Checkpoints police in Tompkins, Yates, and Schuyler Counties will be stopping drivers for failure to use turn signals, driving with their brights, and other assorted moving violations too numerous to mention.

There are 7 major crackdowns periods which will target specific holiday/celebration times throughout the year: 

1.  January 26-February 2, for the Super Bowl; 

2.  March 9-17, for St. Patrick’s Day; 

3.  May 21-25, for Memorial Day weekend;

4.  June 21-July 5, for the Fourth of July holiday

5.  August 23- September 5, End of summer Labor day;

6.  October 25-31, for Halloween;

7.  November 20-January 2, 2009, for the Thanksgiving through New Year’s 

I would advise the following:

1. Have your driver's license, registration, and insurance information in an easily accessible place.

2. Make sure your car's inspection, registration, and equipment are up to date.

3. Do not transport or have out for open view any bongs, pipes, and/or grinders.

4. Have a "designated" driver who doesn't drink or partake in any drugs. Having a best driver under the circumstances is a bad idea.

5. If stopped, you do not have to take field sobriety tests.

6. If stopped, you do not have to take the field breath test (although there is a fine.)

7. You have a "choice" to take the breath test (the Chemical Test) back at the station. If you refuse, there is a one year revocation of your license and fines. Under "some" circumstances, it is better to refuse. Call me or another lawyer to discuss prior to testing. 

8. You do not have to answer questions, make admissions, and/or confessions. Anything you say can and will be used against you.

9. Be polite and respectful.

10. Sobering up is a matter of time. It takes the average person approximately one hour to "clear" one drink. One drink is equal to one 8oz. beer (normal strength) = one 4oz. glass of wine= one shot (80 proof). Coffee will not help you

11. The most common and deadly drugs if combined with alcohol are: depressants, like valium, xanax, and ambien and over the counter drugs which contain antihistamines. Be careful of cold and flu remedies (which also contain alcohol).

12. Note: that most drugs will affect the "clearance" of alcohol from the body. In other words the amount of time it takes for the alcohol to be absorbed, distributed, and eliminated. Common Birth Control Pills can slow down the absorption and elimination of alcohol from the body thus increasing the effects of even a few drinks.