Drunk Driving and DUI:
The Legal and Emotional Consequences
Seattle, Washington
by Floyd Else, MA, LMHC, NCC, MAC
defined
Alcohol/Drug
Treatment in Jail
Now retired after seventeen years of
chemical dependency counseling for Seattle King County Public Health,
I approach the topic of drunk driving from the perspective of my work
with inmates who have been sent to jail in Seattle for driving under the
influence. Some inmates had all ready been convicted for their DUI, while others--pending
trial and sentencing--remained in jail awaiting trial because they
couldn't make bail.
Participation in our chemical
dependency counseling program was voluntary. Some inmates participated
out of a genuine heart-felt desire to get sober and start a new sober
life. Others wanted to be able to show the judge evidence of
their participation, in hopes of getting an early release from jail.
Many were motivated by both considerations.
The clients who entered my group room,
would always see the words, "Fear of jail is the beginning of
wisdom" printed across the top of my black board.
The sentence was there to stimulate thought and trigger interesting discussions. I would ask a
client, "What does that mean to you?" Often his response would
begin, "Well, I'm not afraid of jail." Most often, he meant that
he was not afraid of the jail environment--the guards or other
inmates. I wanted to look a little further at what there was to be
afraid of.
"How has being incarcerated affected
your lives. What had it
cost you to be locked up?" I would start a list on the
backboard.
"Freedom" was a common response.
And this most often referred to lack of freedom of movement and freedom of choice.
It also included
living each day by rules that others established and that often seemed to
change as shifts changed and new guards came on duty.
Of course such issues as attorney's
fees, court costs and fines, victim restitution costs, and lost wages would
be mentioned.
Sooner or later, the discussion
would turn to other losses. When someone spends a year in jail,
they are not working and earning a salary. Without money to pay
bills they loose their apartments and often all the personal
possessions stored there. During their incarceration, inmates have cars repossessed and their homes foreclosed on.
Wives and children may end up homeless, go on public assistance, or
file for divorce.
Locked inside jail, the inmates are terribly upset and angry but
unable to help their families.
While my clients included inmates with
all kinds of addiction problems and legal charges, the alcoholics
most often had only broken only two kinds of laws--driving under the
influence (a DUI) or "physical control" and/or driving while license suspended (DWLS).
Often these were pleasant, intelligent men who thought of
themselves as good workers and were proud of their work history and
their ability to provide for their families. Many had jobs
waiting and employers eager to have them back at work.
Once incarcerated and sober, many were
wracked with shame and guilt, worried about their
families--particularly their children. Knowing the difficulties
their families faced because of their incarceration was a heavy
burden.
I told my clients, "Part of the recovery process is asking
yourself the question, 'How have others (such as the judge, the jail
guard, or probation officer) gained control of your life?'"
Common responses are, "Drinking and
driving," or "breaking the law." Others answer, "Every time I use
alcohol I get into trouble and end up in jail!"
The important issue is whether the
offenders are able to take responsibility for their own actions and to
recognize that jail is the result of their own wrong choices.
More Treatment
Opportunities are Needed "Inside."
Please Note: Alcohol and drug treatment in a
jail or prison setting is fairly rare and becoming more so as
state and local governments are faced with severe budget
deficits and are trimming all non-essential expenses.
NRF, the best program I have
ever seen, was closed because there was just no money to keep it
open.
However, as the economy picks up and more
revenue is available, I sincerely hope that these treatment
programs are reinstituted.
Incarcerated alcoholics and addicts need help
to break the cycle of relapse and re-incarceration and find
their place once again among law abiding, tax paying citizens.
|
Whose problem is it?
I remember one morning in
the summer when we were in the group room. This one
fellow--let's call him Frank--was setting at the far end of the table
talking about a complex history of problems. Going to jail for
his third DUI had caused him to loose his business, his vehicles, his
home and his wife and children to go on Aid to Dependent Children
(commonly referred to as public assistance).
When he finished listing
his problems, I asked, "Frank, is it possible you have a problem with
alcohol?"
He screwed up his face in
anger. As he spoke he slammed his right fist into his open left
hand to emphasize his points. He spoke with such force, contempt and vehemence that all of
us were startled. "I DON'T
have a problem with alcohol! The god damned COP has a problem
with alcohol! The god damned PROSECUTOR has a problem with
alcohol! The god damned JUDGE has a problem with alcohol!
But I
don't have a problem with alcohol!
It was very quiet for a
few moments. All of us knew--except possibly Frank--whose
problem it was. And we all knew that until Frank accepted
personal responsibility for his problem, nothing would change.
Nothing would get better.
Frank would be back.
Suspension of Your Drivers License
One of the penalties for conviction of
driving under the influence is the suspension of one's driver's
license. In Washington state, this is automatic and is actually
imposed by the Department of Licensing (DOL) in Olympia, our capitol.
Suspension periods usually start at 90 days and increase to a year with
repeated offenses.
In Washington, driver's licenses can
also be suspended for other causes at court request, such as for
failure to pay parking fines or child support. Reinstatement
requires demonstration of financial responsibility.
However, when suspension is for drunk
driving, the DOL will also request that the offender go to a state
licensed chemical dependency treatment provider facility for an
alcohol assessment. The findings or diagnosis will
determine what chemical dependency treatment the offender must undergo
to regain his license.
DUI offenders who are assessed as
alcoholics or addicts will be required to complete a two year
outpatient chemical dependency treatment program at a state approved facility. When the
suspension period is up and the offenders present evidence that s/he
has completed at least their first 60 days of treatment, they are eligible to
receive a provisional drivers license and can retain it and continue
to drive legally so long as they remain sober and successfully continue in treatment.
Physical Control of a Vehicle
Most people don't know it until they
get a ticket for "physical control of a vehicle while intoxicated,"
but you can get the equivalent of a DUI without driving drunk.
I have worked with incarcerated clients who
had ended up in jail for getting drunk and deciding to sleep in their
cars. Others have gotten physical control tickets when they
parked their cars on the shoulder and walked away from them.
The client who was drunk and sleeping
in his car was awakened by a policeman tapping on the window.
Questioned and asked to do a field sobriety test, he was obviously
intoxicated and impaired. The policeman then asked him to take a
breathalyzer test and he refused. He was given a physical
control ticket, arrested, jailed and convicted--in that order.
The client who realized he was too
drunk to drive, parked his car and was walking away from it when
stopped by the police. Failing a field sobriety test and a
breathalyzer test, he was arrested, jailed, released on bail, tried
and convicted and sentenced to jail.
The idea of the physical control ticket
seems to be to stop and detain drivers on public roads who are drunk
and still in physical control of a motor vehicle because they
constitute a treat to public safety.
For all purposes, the penalty for physical control and for driving drunk are exactly the same.
Refusing to Take a Breathalyzer Test
If you are stopped by the police for
driving drunk, you face a quandary. Under the drunk driving laws
in Washington state (and many states), a license to drive is legally
defined as a privilege, not a right.
Refusing to take a breathalyzer--when an officer asks you to take one--results
in an automatic one year suspension of your drivers license.
You think, "I've had a lot to drink.
I'm probably drunk. Why should I take the breathalyzer test and
give them the proof they need to convict me? I'm not going to
take it."
However, once you
have refused that breathalyzer test, even if you are found innocent of
drunk driving or physical control, your drivers license will be
automatically suspended for one year. If you are found guilty of a first
offense, you drivers license will be suspended for a minimum of 90
days PLUS the automatic one year suspension for refusing to
take a breathalyzer test.
Is it DUI (Driving Under the Influence) or DWI (Driving While Intoxicated)?
If you are arrested for drunk driving,
whether you get a DUI or a DWI depends on the laws of the state in
which the offense occurs. Alcohol blood levels required for
legal intoxication vary from state to state as do the legal penalties
for drunk driving. In some places you can be charged with DUI if
you haven't had anything to drink but your driving is impaired by your
use of any drug--legal or illegal, prescribed or over-the-counter.
(Check with an attorney.)
Alcohol Screening Test
Take an online
self-assessment alcohol use screening test: This self-test is
part of a project of the Boston University School of Public Health.
This screening test should only be used as a guide to understanding
your alcohol use and the potential health issues involved with it.
It does not provide a diagnosis of alcohol abuse, alcohol dependence
or any other medical condition and is not a substitute for a full
evaluation by a health professional.
Disclaimer: Please note
that the contents of this page are based on the counseling experiences
of this Washington state author and do not constitute legal advice.
As this page indicates repeatedly, if you are arrested for drunk
driving (DUI or DWI), physical control or driving while license
suspended (DWLS), it can have serious legal, employment, financial and
family consequences. Please consult an attorney who specializes
in these issues.
You or family members may also
want to consult with a local mental health counselor to help deal with
some of the emotional trauma of arrest, trail, incarceration,
probation, alcohol/drug assessment, chemical dependency treatment,
financial expenditures and related maters.
--Floyd
Else, Webmaster
DUI Counseling
Patrick Hart, an
alcohol and drug counselor and an associate of mine in Seattle
Counselors Association, specializes in something called
Drunk Driving (DUI) Arrest Crisis Management Counseling (what a mouthful!).
When Sarah (one of my relatives) got her DUI, her husband called me for
advice. I referred him to Patrick, who helped Sarah get
through those trying times. Now, much later, I see Sarah
often at family functions and she is happy, healthy, clean & sober.
Patrick is frequently
contacted by mothers
and fathers, husbands or wives to do alcohol, drug and/or psychiatric
interventions. An "intervention" is a delicate process--often
involving participation of family, employer, or friends--to get the
person with the problem to finally acknowledge the problem and agree to
treatment.
Other times it is the arrested
driver who later calls Patrick. A DUI arrest--with handcuffs, a ride in the
police car, being booked into jail and perhaps spending a night or two
as a prisoner in jail--can trigger a lot of shame and guilt. In
addition, the offender is facing a district court trial and the
prospect of additional jail time. Besides having a good DUI
attorney, it's a great time to have a knowledgeable and experienced
counselor to help you deal with the emotional side of a traumatic
event, to steer you to the treatment you need and help you deal with a
complicated physical, mental, emotional and legal process.
When Do You Go to Jail, and When Do You Go to Prison?
Bob's DUIs
The common explanation that I had
always heard was that if you were sentenced to a year or less you went
to jail. If you were sentenced to more that one year (a year and
a day) you would go to prison.
Imagine my surprise when Bob showed up
in one of my groups. As Bob explained to my inmate treatment
group, he had piled up four DUIs over a 3 year period. One the
first DUI he was found guilty and sentenced to a year 365 days) in
jail--with all but one day suspended on condition that he attend and
complete an alcohol treatment program. [Upon notice of his
conviction, the Department of Licensing had notified him that his
drivers license was suspended for 90 days.]
A fairly short time after his first
conviction, he got his second DUI. He was convicted of DUI and
sentenced to one year in jail with all but one week suspended on
condition that he attend and complete an alcohol treatment program.
(Now, I've not including everything--there were also fines and court
costs and other expenses--but I'm trying to keep the story simple.)
By then he had finally started in an
alcohol treatment program. But he wasn't really taking it
seriously. He continued to drink on the sly until [surprise!] he
received his third DUI arrest. Bob asked the court for a
deferred prosecution and the court okayed it. Under the
terms of the deferred prosecution, he admitted his guilt and that he
was alcoholic and in need of treatment. The court agreed not to
take him to trial and to drop the charges completely, if he
successfully completed a two year treatment program.
Fortunately for him, these DUI arrests were all occurring in different
court jurisdictions in different counties. The new DUIs
apparently did not come to the attention of the two previous judges
and they did not revoke his suspended sentences.
Well Bob was still not ready to admit
that he had a serious problem with alcohol. He continued in
treatment, still sneaking drinks. Once again he was arrested for
a DUI. This time all hell broke loose!
The first judge revoked his suspended
sentence and sentenced him to 364 days in jail--the balance remaining
on his first sentence.
The second judge revoked his suspended
sentence and sentenced him to 358 days in jail--the balance remaining
on his second sentence.
The third judge vacated Bob's deferred
prosecution and sentenced him to serve 365 days in jail.
The forth judge found Bob guilty of DUI
number four and sentenced him to serve 365 days in jail.
Of course Bob would get time off his
sentence for good behavior, but basically he was suddenly in jail
serving what amounted to a four year sentence!
I met Bob near the end of his third
year of incarceration when he enrolled in the jail's chemical
dependency treatment program. He had come to recognize that he
could not control his alcohol use. He was really serious about
staying sober, working on his recovery, and staying staying out of
jail.
Wynn's DUIs
Wynn was a quiet, polite, short man in
his mid-thirties. He was in the minimum security jail, participating
in our "Stages of Change" treatment program when he shared his story.
"The DUI that I am here for now was my
third DUI. I plead guilty to the DUI and was sentenced to a year
in jail. There won't be any court review for a possible early
release--the judge doesn't want to see me in his court again.
"When I started drinking it was a lot of
fun with friends. I enjoyed being drunk, having a good time.
I drove my car under the influence lots of times before I got my first
DUI arrest. It was a few weeks after my 22nd birthday.
"I was found guilty of a DUI, sentenced
to have an alcohol evaluation, spend 365 days in jail--with all of it
suspended except for the 63 days I had already spent in jail. It
was a rude awakening. I had my alcohol evaluation. The
counselor told me I was an alcoholic. I really didn't understand
what that was, but I found out a lot about it as I went through
chemical dependency treatment. I had really lost control of my
drinking. It was like I couldn't have fun any more without
drinking.
"I worked and paid court costs and fines
and for my chemical dependency treatment. I went to Alcoholics
Anonymous meetings and I didn't drink. I started to feel better
and to have more energy. But I never liked treatment or AA
groups. As soon as my two years was up and my business with the
court was finished, I stopped going to AA.
"After about two years of sobriety, I
relapsed. I just had a drink or two once in a while. Then
I started going out drinking with my uncle. Even though he was
my Uncle George, he was the baby of his family and was only two years
older than me. But I still called him Uncle.
"One night Uncle George and I went out
drinking. I was driving us from one place to the next.
Finally I was ready to call it a night and go home. Uncle George
wanted to go to one last bar, so I headed that way.
"Somehow I lost control of the car on a
curve and hit a tree. Uncle George was killed. My leg was
broken, several ribs were broken, my jaw was broken...I can't remember
everything that was broken or busted. Anyway, I was in the
hospital a long time; then I went to jail.
"They charged me with vehicular
homicide because I was driving drunk and caused my uncle's death. I was convicted and sentenced to
ten years in prison. I served seven years and then I was
released.
"I can't tell you how bad I feel about
my uncle dying. He was my favorite person. Some of my
family are still angry with me and avoid talking to me.
"About four months after I got out of
prison I started drinking again. I got another DUI arrest and
the judge sentenced me to a year in jail. That's how I got here
this time.
"I signed up for treatment because I
realize that alcohol is a problem for me. I can't learn to
control my drinking. I just need to stop drinking for good.
But everybody I know drinks. I'm going to have to find some new
friends that don't drink and learn to have fun without drinking.
I don't want to come back to jail any more."
Author's note: However,
because of the slow progression of alcoholism (moving from early to
late stage alcoholism may take 20 years) Wynn has spent all his adult
life using alcohol in social situations. He will tend to feel
uncomfortable in any social situations in which he does not drink.
He may end up relapsing out of loneliness. It is in this period
of early recovery that participation in the social aspects of
Alcoholics Anonymous and other 12-Step organizations is so important.
Persons in recovery can bowl, play soft-ball, dance and picnic in the
company of other recovering men and women.
Ignition Interlock Services
Peter P Youngers, an
attorney writing as a guest columnist in the Seattle
Post-Intelligencer, 6/10/04, reports that House Bill 2660 passed in
the 2004 legislative session has drastically changed portions of the
DUI law.
An ignition interlock
system will be required on the cars of all persons with DUI deferred
prosecutions and DUI convictions, including first offenders. A
new compliance system requires all those businesses that install
ignition interlock systems to notify the Department of Licensing of
installs and removals. Youngers explains that this will work
like the SR-22 system (used to require insurance under certain cases)
and if a motorist removes the device too soon, the DOL will suspend
the license.
The up-side is that the
law will greatly reduce "the number of license suspension cases that
now clog the court system. It will also reduce the number of
people driving without insurance, since the use of the ignition
interlock device will allow a person to drive legally after a brief
period of suspension."
"A new type of
license--occupational restricted--is created. It provides, on
issuance by DOL, an alternative to lengthy hard license revocations on
condition of ignition interlock installation and fulfillment of other
criteria. This means ... drivers who currently are suspended
will become eligible for licensing."
Victims'
Panels
DUI convictions often include a
sentencing requirement to attend a "victim's
panel." The offender pays a fee and attends a scheduled
victim impact panel where s/he views a presentation by victims
of drunk drivers who share their personal stories.
Vehicle Impounding and Towing
Washington
State started enforcing
new DUI
standards in 1999, enforcing one of the strictest DUI laws in the
country by lowering the legal blood alcohol limit to .08 from .10. The
new DUI laws work hand in hand with the "Driving While License
Suspended" (DWLS) Impound Law, that automatically authorizes the
towing of vehicles whenever suspended drivers are stopped.
I Can't Stop Drinking
When a man or
woman says, "I can't stop drinking," don't disagree with them.
Ask, "What do you mean?" Listen to what the person has to say.
It may be that those words signal the person's recognition of a
serious problem and the need for help. That is the point to help someone get into treatment.
For the
intoxicated heavy drinker, the first step is to get into a medical
detoxification unit. Alcohol withdrawal can be life threatening
and lead to sudden cardiac arrest or respiratory arrest. Medical supervision is important.
During the time
in detox, arrangements can be made to get into treatment.
Payment for treatment can be a problem. Some have insurance,
some qualify for increasingly under-funded state ADATSA treatment, and
other may need to get into free treatment program such as those offered by the Salvation Army.
The important
thing is to get into the safe (alcohol free) environment of a
treatment program. In this inpatient or intensive outpatient
treatment environment the person has the support of staff and others
in recovery. Treatment programs gradually become less intense as
weeks pass and the person spends more time in the community, learning
to cope with life without using alcohol.
Because people
who have been using alcohol heavily for years have gradually pushed
away the people and activities that do not involve alcohol use, their
only remaining friends and associates tend to be alcoholics and
activities that include alcohol. In recovery, the person needs
to give up these old friends and activities and learn to form new
friendships and to participate in and enjoy clean and sober activities.
Imagine that you were
faced with this task today. You must give up all your current
friends and all the activities that you are used to. You must
start forming new associations and friendships and participating in
different activities that you aren't used to. This can be scary
and very difficult. It is the point at which many people relapse.
Oxford House (and many
other community organizations ) have done a tremendous job of
providing clean and sober housing for people in recovery.
Alcoholics Anonymous, once the only option for persons seeking
sobriety, is still helping people in recovery. I have always
urged my clients to participate in AA activities, whether they liked
AA meetings or not. Alcoholics Anonymous sponsors all kinds of
healthy, fun clean-and-sober activities: bowling, dances, camping
trips, softball leagues, etc. to help the person in recovery overcome
loneliness and be active with people who understand, accept and support their recovery.
"I can't stop drinking,"
does not mean the person is helpless. It doesn't mean that some
other family member is supposed to "fix them." Friends and
family members should not try to deny the problem or minimize it.
"I can't stop drinking," means they recognize a problem and need
professional help. Encourage them get it.
See also:
Hypnosis to stop drinking?
Genes can influence both Alcohol Consumption and Dependence, research
information from the Addiction Technology Transfer Center Network
which is funded by the Substance Abuse and Mental Health Services Administration.
"Carl Erickson, director of the
Addiction Science Research and Education Center at the University of Texas in
Austin, has developed an extensive and annotated Web site related to 300 alcohol
facts. He has posted clear
definitions of 'moderate' and 'social drinking.' " [Quoting Bob Condor in
the "Living Well" column, Seattle P-I, Dec. 26, 2005.]
On this "Washington
State--drunk driving"
page, names have been totally changed In the stories shared by former
clients through the years.
Floyd Else
Sleep Disturbances
Alcoholics generally have
dysfunctional sleep patterns, even during abstinence from alcohol.
New findings suggest
that acamprosate shows promise as a treatment method for alleviating sleep
disturbances experienced by alcoholics during abstinence.
This document is Copyright 2003-2006 by Floyd Else, MA, PO Box 6714,
Bellevue, WA 98008.
All rights reserved. Portions may be quoted so long as the author,
Floyd Else, and the source, CounselingSeattle.com, are identified.
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