Saturday, March 5, 2011

If You're Going to Drink Beer in Front of the Cops During a DUI Stop, Get Out of the Car First!

Stephen Supers: Times are Tough
Stephen Supers, a 25 year old Ohio man, did not have a great start to his Monday morning to say the least. Elyria officers pulled Supers over after they allegedly noticed him speeding and driving erratically.


But what Supers does next may leave you scratching your head. After being asked if he had been drinking, the allegedly intoxicated driver answers truthfully, “Yes”, and decides to toast the traffic stop with a drink from his Milwaukee’s Best Ice Beer that is in the car.

After supposedly failing several field sobriety tests, Supers is arrested and charged with driving under the influence. Cops searched the vehicle and said they found a pipe with white residue and a bag of what appeared to be marijuana. Although Supers’ test results are not known, it appears the driver could be facing some pretty significant evidence against him.


Whether a driver dares to admit they are under the influence and driving their vehicle, is one thing.  If all Supers said was that he had been drinking, then that is not necessarily an admission of guilt - it's not illegal to drink and drive, it's illegal to drive over the BAC limit of .08 (or less, depending on your state laws).  Also if he was not operating the vehicle at the time he consumed the beer, it could actually save him from a DUI unless the police can show that has BAC wasn't affected by the beer.  Where Super could have made his biggest mistake was in drinking Milwakee's Best Ice.  Everybody knows that Beast Ice could lead to a bad hangover.  Hopefully Stephen's luck will change and he will catch a break when his case goes to trial.