
Transgender Legal Advisor
Dressing, Drinking and Driving
By Carolyn Woodward
Got a legal question? Having some problems with the law? TG Attorney Carolyn Woodward will try and answer your questions. Contact her via Email at carolynWWD@aol.com or message publisher Cindy Martin and we'll make sure she gets your question.
Ours is very much a community which enjoys partying. We meet in groups
for dinner, drinks and whatever afterwards; support groups meet in
restaurants and night clubs: and, of course, who can resist the urge to go
dancing every once in a while? We have a great time, say goodnight to our
friends, and after a round of hugs we leave and turn into criminals. Yep,
you read it correctly - criminals. I refer to the crime of Driving Under
the Influence (DUI). I think its worth discussing because it is an easy
crime to commit - even without realizing it, and one for which punishments
grow increasingly harsh.
I suppose we should start by defining it. There are generally two ways
that the state can nail someone for DUI. The first is under a general
statute which states in is illegal to drive while under the influence of
alcohol. Under the influence is usually defined as being impaired by
alcohol so that you can't operate a motor vehicle with the caution
characteristic of a sober person of ordinary prudence under the same or
similar circumstances. Please note that the word used is impaired - not
drunk. You can be impaired for driving purposes long before you are
considered "drunk." You may notice that this makes no mention of blood
alcohol levels. That's because some people are impaired at levels below
that set by a given state as the "legal" limit. If you are one of these
people, it may be illegal to drive even with a low blood alcohol level.
Now, if the above weren't bad enough, all states have "per se" laws.
These state that it is illegal to drive with a certain blood alcohol
level, or higher. These laws have nothing to do with impairment, and
being impaired is not a requirement for a conviction. In California, and
the majority of states, that legal limit 0.08%. In some states the limit
is 0.10. If you hit the magic number, you have committed the crime and
the fact that you may not be impaired is completely irrelevant.
Punishments vary from state to state, and even within a state there are
factors which can affect punishment. For example, in California the
mandatory minimum is 48 hours in jail (which can often be done on a work
program), fines and penalty assessments which vary from county to county,
but can be as high as $2,701.00 (That's a lot of electrolysis), three
years of probation, and a drinking driver school of 30 hours duration (and
about $500.00 in cost). The court can, and in some cases must, impose more
jail depending upon the circumstances (high blood alcohol, excessive
speed, reckless driving, etc.). A second offense in California (within 7
years) will get you a minimum of 10 days, a longer school costing
$1,100.00, the same fines and assessments, an 18 month license suspension
or restriction, and you have to install an ignition interlock device in
your car. (That is a breath alcohol meter wired into your ignition system
which will keep your car from starting if it detects alcohol. You have to
give it a clean breath sample in order to start your car.) It gets worse
with more offenses in a seven year period, and a fourth can get you prison
time. Now that's only what the court does. Here, and in many other
states, there are administrative punishments imposed by the Department of
Motor Vehicles. In California a first offense will result in a 4 month
license suspension, for example, and that holds true even if you get the
charges reduced in court.
As you can see, a DUI can have severe consequences - and that doesn't even
include being hauled off to jail in your femme finery - and it will be the
men's jail unless you are TS and far enough along that your license says
female. As to what that might be like - use your imagination, and then
double that. (I've heard stories from clients.) So, how do you avoid
getting a DUI?
First and foremost, don't drink at all if you are going to be driving. If
you use the designated driver system, it won't necessarily help if you
have the designated driver take everyone to the meeting place where
everyone then gets in their car and drives off. You need to be able to get
HOME, or some place to spend the night, without driving.
Next in line would be drinking cautiously. Depending where you live, and
how strong the drinks, as few as 3 or 4 drinks could put you over the
legal limit. Yes, you say, but I'll drink them slowly and they will burn
off and I will be sober by the time I get to my car. Well, maybe, but not
necessarily. That works if you had a light lunch and for drinks you
consume before you start eating (including chip and salsa). Burn-off of
alcohol does not start to occur until the alcohol is absorbed in your
system. If you are fasting, that occurs fairly quickly. If you eat that
absorption can be slowed down significantly. So instead of slowly
drinking and then burning off those drinks, you may be delaying their
absorption so that they all "hit" you over a very short period of time
later in the evening. You quickly go from a low blood alcohol level to a
high level which may be over the limit, and may also result in impairment
setting in quickly.
The bottom line is that alcohol and cars don't mix well, and even careful
drink spacing can fail unless you are thoroughly familiar with the
particulars of the physiology involved. Don't drink if you are going to
drive. If you must, don't count on burning it off - nurse one or two
drinks for the evening. Take it from a former drinker, you can have just
as much fun without getting plastered.
If you are starting to get the idea that DUI law, and the factors involved
in defending a DUI charge, can be complicated - you are right. This is
not a do- it-yourself field of law. If you get arrested for it, get a
lawyer.
Next month: Getting stopped by the police - some considerations on what to
do.
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