Circumstances of DWI/OWI Arrest

Cover Page

Technical Report

Technical Summary

Acknowledgements

List of Tables

Introduction

Study Sites

Observational Study

Focus Group Research

Conclusions

References

Each discussion began with participants introducing themselves to the group and describing the situations that led to their arrests. All participants acknowledged that they had been drinking when stopped by the police. Many admitted that they knew they were intoxicated, or at least were concerned that they might be. In deciding whether or not to drive, participants weighed various factors (for example, the distance home, the need to get to work the following morning) and considered other alternatives (for example, riding with someone who had had more to drink than they had, spending the night with a friend).

Most of their stories described common traffic infractions such as speeding, lane violations, or expired registration stickers that gave a police officer probable cause to make a stop. None of the stops resulted from a sobriety checkpoint. Eight of the 37 participants - four in Milwaukee and four in New Jersey - explained that their arrest was the result of a crash. None of the crashes resulted in serious personal injury. A New Jersey participant was arrested for alleged involvement in a hit-and-run crash in a parking lot at a bar; but she asserted that she was not driving. Another New Jersey participant reported that she was charged with reckless driving and assault with a motor vehicle as a result of a crash, but these charges were later dismissed when she pled guilty to DWI.

As described by participants, the circumstances leading to some of the arrests could have resulted in enhanced penalties. However, some offenders eluded the enhanced penalties. These cases involved, for example, refusal to submit to an alcohol test, driving with a suspended license, and transporting a teenaged passenger.

 Text Box: Stories of Arrests in Bergen County Taking advantage of a rare situation when his wife and children were out of town, a 60 year-old New Jersey dentist decided to spend the evening chatting with an old buddy. He said he drank four "Black Russians" over the course of about two hours. Driving home very carefully, and avoiding the main roads, he pulled into his driveway shortly before midnight. As he was about to step out of his car, a police car pulled behind him. The officer, whom he had known for many years, explained that he had not come to a complete stop at a stop sign on his block. ********************* “Although I don’t normally drink to get drunk, the night of my arrest was an exception.” These are the words of a 42 year-old divorced mother and marketing executive. She and her boyfriend were at a bar and in the process of breaking up. She had been there only a half hour and was drinking her third “Cosmopolitan” when she got angry and drove away. She was stopped because another motorist used a cell phone to report her aggressive driving. A police car was waiting at the top of a narrow, curvy mountain road to pull her over, and another was two cars behind her. She refused the breath test and was convicted for the refusal and for the DWI. She believed the refusal was a smart decision because her very high BAC would have resulted in assignment to a more extensive treatment program.