The Top Five Mistakes That Lead to a Drunk Driving Arrest

Operating under the influence of alcohol is, perhaps, the only crime on the books that can be committed by a good person who has every intention of doing the right thing. No person ever woke up in the morning, and said to himself, "I think I'll get hammered today, and drive my car all around town." The vast majority of persons who are arrested for operating under the influence have no other criminal record. The crime-- and it can be a very serious one, including homicide by intoxicated use of a motor vehicle-- is one that is, essentially, committed by mistake. By being aware of the errors in thought that lead to operating under the influence of alcohol, one may be able to avoid this legal catastrophe.

The over-arching reality is that the OWI law is unfair. It is illegal to drive an automobile while under the influence of alcohol because, among other things, alcohol impairs one's judgment. Nonetheless, the law requires a motorist to make a critical judgment call (i.e. whether I should drive home) at a time when the motorist's judgment is, more or less, impaired. A much fairer law would be absolute sobriety. The OWI law, though, represents a compromise in our free society between the community's compelling interest in safety on the highway, and the interests of individuals and businesses to serve alcohol at bars, restaurants, and other social events. Therefore, it is a compromise law with which we must all learn to live.

Here are the top five errors in thought that lead to an OWI arrest.

"I only had a couple"

As every criminal defense lawyer knows, the proverbial "couple of beers" usually means that the individual merely moderated his or her drinking. Many people believe that they can "tell" when they have had too much to drink to drive safely. As mentioned above, alcohol impairs one's judgment. This is why it is against the law to operate an automobile while under the influence of alcohol. There is no good reason, then, to put yourself into a situation where you are called upon to make a critical judgment call about whether you are safe to drive, when guessing wrong could result in a homicide by intoxicated use conviction. And it really is only a guess. All drunks believe that they are "good to do." Therefore, unless you are absolutely certain that you can limit yourself to one or two drinks, the best course is to not drink at all if you must drive home.

"I only have to drive a few blocks home"

Like all errors in thought, there is a semblance of logic to this fallacy. It is true that the less time one spends driving a car, the less chance there is that a police officer will observe a traffic violation, and stop the motorist. However, traffic violations are not the only way in which a motorist is brought to the attention of the police. Another very common way that a drunken driver is brought to the attention of the police is when there is a minor traffic accident. Make no mistake, if you are involved in a traffic accident-- even one that is not your fault-- and you are under the influence of alcohol, you will be arrested when the police arrive.

Consider this, then. The National Highway Transportation Safety Administration reports that approximately 52 percent of all car accidents occur within a five-mile radius of home, and 69 percent of all car accidents occur within a ten-mile radius of home. Thus, the statistics undeniably suggest that if one is under the influence of alcohol and decides to drive a few blocks home, he or she is significantly more likely to be involved in an occurrence that will result in an OWI arrest.

"I can hold my drinks"

Once again, there is some truth to this error in thought. Everyone knows somebody who can "hold his drinks". That is, the person can consume moderate to large amounts of alcohol, and not seem to be intoxicated. The body does develop a tolerance to alcohol, and experienced drinkers learn to compensate for the effects of alcohol. An experienced drinker might even be able to perform well on the field sobriety tests. Nonetheless, every state in the union, in addition to a law against operating under the influence of alcohol, has a "prohibited alcohol concentration" violation. In other words, regardless of whether the alcohol impairs one's ability to drive safely, it is illegal to drive an automobile with a blood-alcohol concentration that exceeds the proscribed amount (in many states, the limit is .08 percent). The blood-alcohol calculation is simply a function of body-weight and the amount of alcohol consumed. A person cannot affect his or her blood-alcohol level by being an experienced drinker, by consuming coffee, or by drinking water. If your blood-alcohol concentration exceeds the legal limit, you will be arrested.

"I was the most sober of the group"

A relatively frequent occurrence is the person who is arrested for operating under the influence of alcohol while driving a friend's car. The scenario is well-known and oft-repeated. A group of friends ride to a party together. All agree that, by the end of the party, the driver has had too much to drink, so the "most sober" of the group is promoted to the position of driver. When the stand-in driver is arrested for OWI, he is confused and outraged. He was actually expecting a good-citizenship award for "doing the right thing" and, instead, he is treated as a criminal. The law does not demand that a group of friends to do the safer thing-- the law requires the group to do the safest thing. It is no defense to an OWI charge that the defendant was the most sober of the group-- even though, in truth, in might have been more responsible than allowing the inebriated owner of the vehicle to drive home.

"Nothing will happen"

There is no doubt that, even if one is under the influence of alcohol, it is very likely that he or she will not be arrested on the drive home. Every person who is arrested for operating under the influence of alcohol has probably driven drunk dozens of times without being caught. So, once again, there is a veneer of rationality to this error in thought.

It is this deadly calculus that law-makers are attempting to address in making the OWI law ever more punitive. Even though the odds are stacked in favor of the drunken driver-- it is very likely that nothing will happen-- if something does happen, the results are usually devastating. The "up-side" to driving home drunk, as opposed to calling a cab or getting a ride from a sober friend, is that one avoids a small expense and perhaps a little inconvenience. The "down-side" could be a conviction and a prison sentence (not to mention the personal horror) for homicide by intoxicated use of a motor vehicle. Even if the odds are 1:1000 that nothing will happen, it is still a sucker bet because if your number comes up, your life will never be the same. If you are arrested before there is a catastrophe, you still stand to lose your employment, pay thousands of dollars in fines and attorney's fees, and the major inconvenience of a jail sentence and the loss of a driver's license.

Do not be fooled by the superficial allure of these errors in thought. The only to avoid an arrest for drunken driving is to not drive a car if you have been drinking.