Monday, July 27, 2009

Latest Shock in DUI News: Alexandria Chief of Police David P. Baker Charged with Drunk Driving

OK, it's really not that much of a shock. The bottom line is that another law enforcement officer has been arrested for drunk driving. This time it was Alexandria, Virginia's Chief of Police. According to the Times Dispatch, David P. Baker was charged late Saturday night. What makes it worse is that he was driving an unmarked city vehicle. What makes it much worse is that he allegedly blew a 0.19 BAC.

This is truly a sad story. What has happened stands to destroy a 40 year career in law enforcement. The chief's facing a mandatory minimum five day jail sentence, which we can be certain he will not enjoy. In addition to the incarceration, the Chief now faces a mandatory 12 month license suspension. To make matters worse, the license suspension comes with a special feature.

In Virginia, any driver who gives a breath or blood sample that tests at 0.15 or above will be required to install an ignition interlock device on *any* car he drives. I think this gadget is very clever. It won't let you start the car if you are drunk. Pretty effective! But how will this affect the Chief? Will the city let him put an ignition interlock device on a police car?

I think we can expect to see a retirement announcement pretty soon. That is really unfortunate. I know from my training as a DUI defense attorney that the breath testing machines are not that accurate. What if the chief was really sober? Unfortunately, police are pretty well married to the myth of breath testing for alcohol. For one of their own leaders to sit in court and expose the fallacies and innacuracies of breath testing would be most unusual.