Earlier this month, a 19-year-old was pulled over for driving erratically in Lincoln, Nebraska. When police searched his vehicle, they found beer and a bottle of vodka. Following field sobriety tests, he was arrested for D.U.I. and had a breath alcohol concentration more than twice the legal limit (see article on The Smoking Gun). Most interesting is the Halloween costume the suspect was wearing when he was arrested: a breath-testing machine.
According to an older Smoking Gun article, history repeats itself. In November of 2009, another man was arrested for D.U.I. (O.V.I.) in Ohio while wearing a breathalyzer costume. In that incident, the 18-year-old blew slightly below twice the legal limit. Almost as ironic as his costume was his name: Miller.
Both of the costumed arrestees were under 21. In Ohio, there are slightly different penalties for adults and juveniles convicted of drunk driving. While the O.V.I. penalties for people 21 and over can be slightly more severe, the O.V.U.A.C. penalties for people under 21 include a longer waiting period for driving privileges (60 days rather than 15 days) and a requirement that the defendant re-take the driver’s license test.
It doesn’t take a D.U.I. lawyer to give sound Halloween advice:
(1) Don’t drive drunk
(2) Don’t drink underage
(3) Don’t violate rules (1) and (2) when dressed as a breath-testing machine.