Page 10 DTII Omnibus
Thursday November 9, 1989
What happens
when you get caught
by ALISA DeMAO
Yes, it's true, Chapel Hill re
ally is the beer capital of the
world we drink more per
capita than anywhere else in the
United States. The problem is, that
kind of accomplishment can get
someone into a lot of trouble.
10-55 DRUNK DRIVER
Mention the dangers of alcohol
and everyone immediately thinks
"driving while impaired" D.W.I.
This most obvious alcohol offense is
a major reason for the recent crack
down on alcohol. MADD Moth
ers Against Drunk Drivers carries
a lot of political weight, and these
women are the ones who are getting
laws passed and changed.
Many people don't realize the ef
fect a D.W.I, may have on their aca
demic career. Officer S.S. Barnes of
University police tells of one third
year Duke University law student he
pulled over for D.W.I, in spring of
this year. It was the student's second
D.W.I. He was subsequently asked
to leave school.
People think they know everything
about the D.W.I, process, but there
are several small details that should
be considered before taking the risk
of getting behind the wheel while
impaired.
To start with, the police can stop
someone for anything: expired regis
tration, expired inspection, mechani
cal failure (such as having a head
light or taillight out). If they smell
alcohol on the breath, see open al
cohol in the car or feel that the driver's
judgement is impaired, they can test
them for D.W.I. Other clues that
point to an impaired driver include
consistent speeding, failure to signal
on turns and failure to turn on head
lights at night, as well as the more
obvious reckless driving.
But it is not necessary to actually
drive anywhere in the car to qualify
for a D.W.I. Simply getting in a car
and starting it is grounds enough.
Field tests for impaired judgement
include reciting the alphabet, walk
ing a straight line and standing on
one leg while counting. Because of
the impairment of both motor skills
and judgement, it becomes surpris
ingly difficult to do many of these
simple actions. Most people find it
difficult to even stand on both feet,
eyes closed and head back, and count
to 20. The effort it takes to count
prevents them from concentrating on
standing still and they sway back and
forth because they can't do both
things at once.
Of course, everyone knows people
who practice these tests while they're
drunk in order to be able to pull
them off with poise.
But there is one test the pen
test that it is impossible to pass
while impaired by alcohol. The driver
focuses on a pen clip and attempts to
follow it up and down and from side
to side with their eyes, but without
moving his or her head. At a blood
alcohol content (BAC) percentage
of .09 or .10, the pupils will bounce
when they reach the visual limit on
either side. This cannot be controlled
it is caused by a loss of muscular
control due to the alcohol. And at a
ton m i
BAC over .10 (which constitutes legal
intoxication), the person usually can't
even keep their head still.
Officers use different strategies
depending oh the season; in the
winter when the cold air hits some
one it may straighten them up, so
the officer may sit them in the patrol
car where it's warm and talk to them
in order to see how well they are
able to respond.
Those who spent Saturday night
on a binge should remember that just
because they went to sleep does not
mean they are no longer legally in
toxicated when they wake up on
Sunday morning. Early mornings,
especially Sundays, are a prime time
for D.W.I.'s, Barnes said.
People often pass out or go to sleep
at someone's house hoping to sleep
it off. They wake up in the morning
and realize they have to make it home.
Few drinkers realize that they are still
legally impaired.
Another thing to keep in mind is
that the law prohibits open liquor,
fortified wine or mixed drinks in the
passenger area of a vehicle. The pas
senger area includes the glove com
partment and under a seat. The driver
can be charged with a misdemeanor
for this offense. Unsealed liquor
should be carried in the bed of a
truck or in the trunk, of a car.
Beer is presently an exception to
this. The law prohibits the driver,
but not the passengers, from carrying
open beer in the passenger area of a
vehicle. It is legal as long as the driver
is not in possession of a beer. But
obviously if someone is stopped with
three passengers who have four open
beers, the police officer will realize
what is happening.
After January 1 , possession of open
beer in the passenger area of a vehicle
will be a misdemeanor.
For drivers, it is imperative to
remember that D.W.I, stands for
Driving While Impaired. This means
subject to any impairing substance,
not simply alcohol.
10-57 BREATHALYZER
The body burns alcohol at a rate
of approximately one drink per hour,
or .01 to .02 BAChr. Most people
think that if they are taken to the
police station for a breathalyzer, their
BAC will have time to go down
enough to register below .10. But it
is just as probable that their BAC
has the opportunity to go up because
all of the alcohol hadn't reached their
bloodstream when they were first
questioned. BAC levels go up much
more rapidly than they come down.
Contrary to popular belief, suck
ing on a penny or a piece of potato
won't take the alcohol off of
someone's breath and it will defi
nitely not affect a breathalyzer test
outcome.
Another common misconception
is that blowing lightly in a breatha
lyzer will favorably affect the out
come. All this does is force the drinker
to have to take the test again. The
police will continue until he or she
takes a deep breath and exhales en
tirely to release the last bit of air in
the lungs.
The police have the option of ei
ther giving a driver a breathalyzer
test or taking them to the hospital
for a blood test. The driver is taken
to the police station to undergo a
How not to be stupid
There are a few helpful hints for alcohol consumption that every :
student should know- These can spare you a lot of grief.
1 . To dispel the ancient myth that carrying alcohol in a cup will let
you avoid awkward questions the police will ask you what you
have in the cup.
2. Don't just drop your beer or your cup when you see a police
officer. What you'll end up with is a $250 fine for littering.
U 3. Don't think you can get out of it by dumping your beer. There's
no way you can get every last drop out of your cup. This only makes
the officer label you as uncooperative.
4. You do look stupid and obvious when you try to hide your beer.
5. Above all, don't lie to the police about your age or try to run
from them. Delaying and obstructing justice is a misdemeanor.
If you're going to drink, do it in your room. There, at least the
police won't catch you. A.DeM.
breathalyzer in front of a witness. If
he or she refuses to take the test, it
goes down as an official refusal. An
official refusal can be brought up in
their court hearing.
UNDERAQE POSSESSION:
TOWN & UNIVERSITY
REQULATIONS
Most people know that underage
possession is illegal, but few realize
the penalties that accompany it.
In North Carolina the legal drink
ing age is 21. Any younger age con
stitutes underage possession. What
. many people don't know is that dif
ferent age ranges carry different pen
alties. Anyone who is 16, 17 or 18 and is
found in possession of alcohol is guilty
of a misdemeanor. This requires the
payment of a $10 fine, as well as
another $50 for court costs. Unlike a
D.W.I, charge,, underage possession
.V,V,VtV, V .V.V.V.V.V '
ALCOHOL at UNC
will not necessarily require a court
appearance, but the $50 will still have
to be paid. What the drinker may
not realize is that a misdemeanor goes
on his or her permanent police rec
ord. Anyone who is 19 or 20, however,
is merely guilty of an infraction. This
simply results in a $10 fine. The charge
doesn't appear on the drinker's record.
Unfortunately, many people don't
realize this and attempt to hide their
alcohol or run from the officer. This
only makes the charge worse; it then
becomes "obstructing justice" and goes
on the record.
"It's very important that they
understand this," says Master Officer
T.A. Pressley of the Chapel Hill po
lice. "It would be silly to make a
non-crime a crime, especially when
it is in the student's hands... I don't
condone breaking the law, but if you
do, please make it easy on yourself.
Just say You got me'."
The use of the infraction for 19
to 20-year-olds began when the drink
ing age was raised from 1 9 to 2 1 . The
General Assembly felt it appropriate
to give the people in this age group,
who were allowed to drink one day
and not the next, some leeway. The
original 19- and 20-year-olds reached
the age of 21 two to three years ago,
but the use of the infract ion remains.
Not for long, however. The N.C.
General Assembly is expected to
make 19-20 year underage possession
a misdemeanor during this session. It
is highly probable that by this time
next year 19- to 20-year-old under-
age possession will go on the drinker's
permanent record.
There are also laws and regula
tions of which drinkers over 2 1 should
be aware. Chapel Hill has a public
consumption law which makes it a
misdemeanor a .$10 fine, which
goes on the drinker's record to
consume alcohol in public areas or
buildings. This includes sidewalks,
public parking lots, alleys and city
owned buildings.
University regulations allow a
drinker on campus property to be in
posession of alcohol only in a dorm
room or in certain designated park
ing lots. A fraternity house parking
lot is not private property. Students
can be prosecuted in Honor Court
for this offense.
For an alcohol offense a drinker
can receive an oral warning, a writ
ten warning, a ticket, or be arrested
and taken into custody, at the officer's
discretion.
STUPID THINQS PEOPLE DO
(AND WHAT CAN HAPPEN
TO you;
Penalties for things people do when
they're drunk can also be severe.
Damage to property, which in
cludes breaking windows and egging
buildings, is a misdemeanor it goes
on a person's permanent record. One
of the most destructive forms of this
type of "fun" is tearing off parking
lot gate arms. The University is be
ginning to remove them on Friday
afternoons because this occurs so fre
quently. Another favorite pastime, stealing
furniture out of residence hall lounges,
may lead to a charge of breaking and
entering, a misdemeanor and fe
lonious larceny, a felony. And yes,
climbing over the fence and into
Kenan Stadium is a misdemeanor for
breaking and entering.
Policy for this type of offense is
changing on campus; the university
does not necessarily prosecute through
the Honor Court anymore. Instead,
offenders may be prosecuted through
regular criminal court which guar
antees that they will have a criminal
record.
The worst stories are those of the
girls who have been taken advan
tage of. Some of them don't even
remember what happened or if they
gave consent. Peggy Norton, of
Women's Health at Student Health
Services, says, "I only know of one
rape that neither party had been
drinking. That's for about the last
eight years."
Drinking has other hazards as well.
"Cameron Avenue grows traffic
bumps overnight," says Barnes
meaning people who pass out in the
road. A considerable portion of a
University police officer's job, at least
on third shift, seems to consist of
collecting drunk college students from
the streets, trying to find some ID in
order to find out where they live,
and taking them home and tucking
them into bed.
If someone is drunk and doing
something stupid, they're going to
be arrested. "It's the things that are
happening after you're drinking that
are getting you in trouble," Barnes
says.
Next Week: The Social Aspects