Article reprinted with permission THE HUNTSVILLE TIMES LIBRARY 08/11/95 DUI Law Gives Police 'Cushion' in Arrests

BY: JULIE VAUGHN Times Staff Writer

Watch out: Those two or three beers after work may land you behind bars more quickly than it would have two days ago.

When Gov. Fob James signed the law lowering the legal level of intoxication from .10 percent to .08 percent, it gave police officers across the state an extra cushion in making borderline DUI arrests, police here said Thursday.

Huntsville police say they have not yet arrested any drivers who registered below .10 on a breath-alcohol test. And, they add, they can't yet predict whether the new law will increase the numbers of drunken-driving arrests here.

``On one hand, there may be more arrests because officers have that cushion of knowing that a .08 (breath test) reading now carries the presumption of intoxication,'' said Sgt. David Sedberry, supervisor of the Huntsville police DUI Task Force.

``But the new law may actually be a deterrent to drinking and driving, so we may not have that many more arrests,'' Sedberry said. ``And this law, because it doubles the fine, will hit people where it hurts and that will catch their attention.'' The minimum fine for a first time offense under the old law was $250.

Sedberry said the new law won't change the way police try to detect drinking drivers, but it will change the way officers deal with those they catch.

``Our training has always been geared toward catching the .10 driver, and that will stay the same,'' Sedberry said. ``But from .05 (percent) to .09 has always been a gray area in the courts anyway.'' Sedberry said a driver doesn't not have to register .10 to be too impaired to drive, especially if the driver normally drinks very little alcohol and has a low tolerance. ``It's just that now, it'll be easier to get a conviction with the lower alcohol reading,'' he said.

Now, a reading of .08 percent is no longer in the gray area, Sedberry said.

``Before, if we were pretty sure someone had been drinking but wasn't a .10, and a case might be (dropped) in the courts, we might call someone a taxi or a relative to come get them. Now, they are more likely to go to jail because we have that extra cushion in the law. That in itself will change the mindset of officers.''

Carlos Rabren, director of the state Department of Forensic Sciences, said a 180-pound person would have to drink four beers or about four ounces of 80-proof liquor in one hour to measure .08 percent.

A 120-pound person would have to drink about two beers, glasses of wine or mixed drinks within one hour to reach the new legal alcohol limit, Rabren said.

Those guidelines can vary greatly depending on a person's food consumption, mood, metabolism and other factors, Rabren said. Phillip Price, a local DUI defense attorney, said late Thursday that the new law ``is one step closer to zero tolerance'' for alcohol. ``It was a political move by the Legislature," said Price. "The federal government several years ago said states that go to a .08 would be eligible for (more) federal highway funds and that's why they did it.''

Several restaurant and bar owners contacted Thursday said the new law would not change their policies when it comes to serving alcohol to customers.

``It's against our policy to serve anyone who is intoxicated, anyway, whether they are driving or not,'' said TGI Friday's Manager Steve Johnson. Asked if his employees intend to warn drinking customers of the lower legal alcohol limit, Johnson said, ``We don't plan on it at this point. That may become necessary at some point, but we haven't thought that far ahead yet.''