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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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