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Double Standards for DUI – How to justify them?

Posted on May 20, 2010

There are many complaints from drivers all over the United States about the non-existence of a level playing field when it comes to DUI. From the analysis conducted by various concerned groups, we see that some individuals seem to be above the law and can commit any amount of DUI without ever being prosecuted. Their findings were based on investigative work done by several lawyers and include:

Friends in the DA Office

The case of Randy Saavedra: Randy Saavedra, a director of the administrative office of New Mexico and son of State Rep. Henry Saacedra was pulled over on suspicion of DUI. This is not the strange part. He has vowed to fight the case based on a peculiar turn of events during his encounter with his arresting officer.

When Mr. Saavedra was pulled over on suspicion of DUI and was given a breathalyzer test, he blew a 0.08 that would qualify him as legally drunk. The officer also stated that he had bloodshot eyes, slurred speech and a smell of alcohol. However, someone somewhere decided that the machine must be defective so a second breathalyzer test must be given. This time he blew a 0.07. Now tell me, who gets a second chance at a breathalyzer test. It shows it pays to have good friends in the DA’s office.

Benefits of being a Cop

When civilians are convicted due to DUIs, they receive various forms of punishment such as loss of driver’s license, fines or jail time. However, we do not see this same attitude transferred to cops, the protectors of the state.

A study conducted in the state of New York revealed that of some 55 cops charged with drunk driving, almost all of them were allowed to remain on the job. This was so although the New York police Department has the power to fire cops who cause serious injury to another individual or is deemed unfit for duty due to the consumption of alcohol. What they saw was that these DUI cops were offered the opportunity to plead to a lesser charge such as driving while impaired or simple disorderly conduct.

Sports Coaches get preferential treatment

Coaches are supposed to be a beacon of positive example for the athletes under their charge. However, not all coaches seem to have read the script. We look at the case of Sacramento’s rookie coach Eric Musselman who was pulled over by a cop for making a right turn from a left lane and cutting off another motorist.

When confronted by the cop, he failed three field-sobriety tests and actually blew a .11 during his breathalyzer test (legal limit 0.8).No sanctions were levied against him. This left me thinking to myself, what if it were one of his players, how would he deal with the situation. Would he be suspended, given extra workouts, ordered to counseling? For peace of mind, I settled with the thought that the guys in the suit are given more latitude than the ones who sweat.

Friends, what do you think of double standard DUI laws; do share your experiences and thoughts with us.