A woman achieved the seemingly impossible last year when she was arrested twice for two different episodes of driving under the influence on the same day. Her problems began after midnight when a state police trooper saw her vehicle going over the speed limit while passing on the shoulder of the road.
According to the Washington Post write-up, she was stopped and taken to a Baltimore police station. She was processed and then released, supposedly to another driver. Twenty minutes later, that Saturday morning, the trooper saw the woman return to her vehicle, get in, and drive away.
The trooper said the woman had been told that she wasn’t supposed to driver for at least 12 hours after the first arrest. She was stopped again after the officer saw signs of impairment. Again, she was taken to the police station.
Drink. Driver. Get busted. Rinse and Repeat.
Possible defenses to this unique DUI double
While humorous, the double DUI does raise the immediate question of whether double jeopardy applies. The argument might be that since she never fully recovered from her initial intoxicated state, charging her with two separate DUIs would be essentially charging her twice for the same offense.
As with all DUI charges, other defenses may apply. The trooper says he saw signs of impairment, but he does need to specify what those signs of impaired driving were. While she was told not to drive for 12 hours, there is the question whether that prohibition is enough to stop her again – or did the officer need to see her physically drive the car and show signs that she couldn’t control the car.
Other defenses include questioning where any field sobriety tests were given – and, if so, were they given properly. Additionally, the scientific reliability of the breath machines could be challenged. Other defenses may apply depending on exactly what happened.
If convicted of multiple DUIs, the woman would face a lengthy jail sentence, loss of her license, substantial fines, and other consequences.
DUI charges are very serious offenses. If convicted for even one DUI, let alone two in the same day, a driver will be sentenced to some prison time, will lose their license, will have to pay fines and court costs, will have increased insurance premiums, and will suffer other consequences. At Drew Cochran, Attorney at Law, we work aggressively to dismiss DUI charges, suppress evidence of breath and sobriety tests, and fight to negotiate a reduction of the charges. To speak with an experienced DUI lawyer serving Annapolis, Centerville and Ellicott City, call 410.777.8103, or fill out our contact form to schedule an appointment.
And remember: Keep Calm – and Call Drew.