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It's Yours To
Lose
By Mona Lease
Hi, all!! About 11 years ago I did a column much like the following. I
have checked anew and the information is still the same. In light of
the fact that Thanksgiving is a scant 29 days away with the
Ohio/Michigan State game two days later - consider the following.
Everyone has family and/or friends who reside out-of-state...or you
know someone who has family and/or friends who reside out-of-state. The
holidays are the time to travel. Thanksgiving... Christmas...Christmas
Cheer...ringing in the New Year (cheers to a better new year that the
last year) and such are times to "kick back" and/or "take a break" from
the daily grind.
If you travel out-of-state to do this "kicking back" and you get
arrested for a DUI/OVI...here's what you can expect and where.
In Michigan you will be asked to submit to some type of a "field
sobriety test"...walking a straight line with one foot directly in
front of the other...standing on one foot...closing your eyes and
touching your nose.
If you fail this...you will be taken to jail. If you have kiddies in
the car and there is no responsible adult in the vehicle to take
custody of them...you will be asked if there is someone you can call.
If there is no one to call, the kiddies will be taken into protective
custody.
Protective Services will be notified when it is know that there are
kiddies in the car and the possible need for someone to come collect
them. The police, sheriff's deputies, highway patrol officers are not
babysitters nor are they taxi drivers to deliver the kiddies anywhere.
If you have kiddies in the car, you will be charged one count of
child-endangering for each child in your vehicle.
The state of Indiana works the same way...with the same 0.08% blood
alcohol content as Ohio and Michigan. Indiana also stated that they are
not babysitters or taxi drivers. Their job is to make sure you, and
other drivers on the road are safe.
Kentucky reported a more strict blood alcohol content...0.04%. The same
applies to Kentucky as in Michigan, Indiana, and Ohio. You submit to a
field sobriety test. Kentucky is also not babysitters or taxi drivers.
In all cases...there has to be a reason for you to be stopped...even if
it is a routine traffic stop.
Lastly - from our Darke County Sheriff's Office: DUIs/OVIs are based on
evidence that is collected by the officer. There has to be a reason he
stopped you. Were you driving erratically? What caused the erratic
driving? If the officer smells alcohol is another piece of evidence
used to build a case against you.
You can be in an accident that is not your fault. If the officer smells
alcohol...it's evidence that is used for the case going in front of a
Judge. A routine traffic stop works this same way.
Children's Services are automatically alerted to advise them of
children in your vehicle and the possibility their services will be
needed.
Ohio's blood alcohol content is 0.08% legal limit. There is a blood
alcohol content of 0.06% if you are under 21. Determining factors here
are:
Do you have physical control of yourself? If you do not have physical
control of yourself...have a BAC of 0.06%...are over 21 (below the
legal limit) you will be charged with DUI/OVI. It is determined in this
case that you could be harmful to yourself or others (passing out,
falling, etc.).
The size of the person, the weight of the person, personal metabolism,
personal tolerance level, certain medications for the liver, or how the
liver functions...all determine how you process alcohol.
It is possible to be "hung over" and test over the legal limit for
blood alcohol content. A few hours of sleep does not make the alcohol
leave your body.
The law enforcement officials (in all of these states) do not have a
"quota" (traffic stops, dui/ovis, etc) to fill each week/month, etc.
Their job is to keep the roadways safe to travel and take care of
anything that would hinder that safety.
Your driver's license, your kiddies, your vehicle, good
insurance...it's all yours to lose.
Be safe. Be smart. Enjoy the upcoming festivities.
Remember the kiddies and our service people. Take good care of the
furry and feathered ones out there. Be safe and healthy. See ya next
time. Ever Toodles!!! MONA
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