by Liz Daube
Staff Writer
A man leaves a bar. He’s had several beers, but he figures home isn’t more than a 10-minute drive away. He gets in his car and starts down the road.
A few minutes later, red and blue lights flash behind him. He panics, but pulls over. Questions race through his mind: Did he swerve? Is he really drunk? And as a police officer approaches the car, he wonders: What happens now?
Despite tougher penalties for drunk driving, the crime is still common in Duval County – and while the consequences of an arrest vary from person to person, the costs are almost always significant.
The laws governing punishment of drunk-driving cases have tightened up since the formation of advocacy groups like Mothers Against Drunk Driving (MADD), according to Mark Borello. He is an assistant state attorney in charge of prosecuting Duval County’s traffic homicides, including driving-under-the-influence of alcohol or drugs (DUI) manslaughter cases. Borello said organizations like MADD have drawn more attention to drunk driving cases in recent years, although the number of arrests hasn’t declined.
For example, MADD recently succeeded in a national push for all states to reduce their legal blood alcohol content (BAC) levels from 1.0 to 0.8. Representatives from the Northeast Florida chapter of MADD did not respond to calls before this article’s deadline.
Still, Borello said, “DUI [driving under the influence] cases are very unique, and they are always very difficult cases to prosecute. A lot of the defendants have a great deal of money to hire lawyers that specialize in DUIs ... and it’s not unusual to have a juror who has done the same thing the defendant did.”
According to County Court Judge Russell Healey, DUI cases are among the top three most common misdemeanors in the Jacksonville area. A first-time DUI conviction carries a mandatory misdemeanor charge – which goes on a defendant’s permanent, public record – along with probation, a minimum 50 hours community service, at least six months’ suspension of driver’s license, a mandatory, 12-hour drunk driving class, minimum fines and court costs of about $500. The penalties grow more severe with subsequent DUI charges, and a fourth DUI conviction is a felony.
“I’ve seen 50 or 60 DUIs in a week, sometimes 80,” said Healey. He is one of several judges who handle first appearances for criminal cases at the county jail. “I’ve had 17 in one day, and out of those 17, probably 15 pleaded guilty right then and there. Some people want it over with, some people don’t want to fight it out.”
Fighting the charge
For those who choose to fight a DUI charge, DUI defense attorney Scott Mitchell said there are about a dozen lawyers like him locally. He agreed with Borello’s contention that DUI cases are complicated.
“It’s one of the few crimes where there’s not a clear line between guilt and innocence,” said Mitchell. “There are a lot of grey areas in DUI cases.
“You have to litigate them in two separate areas [criminal court and Department of Motor Vehicles]. And more often than not, you’re dealing with good people who have otherwise solid records and careers.”
Healey said DUI cases are complicated because of the technical evidence that needs to be presented. A few police officers have video equipment to record the defendant’s field sobriety test. Mitchell said even fewer have breathalyzer equipment with them to measure a driver’s BAC on scene; most of the time, the driver who chooses to take a breathalyzer test has already been arrested.
“You are already under arrest when you arrive at the jail and give the breath test. Irrespective of what you blow, you’re spending the night in jail,” said Mitchell. “There is a bigger penalty for refusal to blow than there is for a blow.”
The Department of Motor Vehicles will automatically suspend a driver’s license for a year for refusal to submit to the test. For a DUI arrest – just an arrest, not a conviction – the penalty is six months’ suspension. Mitchell said “there is no easy answer” to the question of whether to submit to the tests or not – but it is unlawful to refuse them.
Healey said the DUI defendants that don’t plead guilty immediately usually resolve their cases before trial, although he sees about one DUI trial case a month.
“A lot of it is opinion because it’s the police officer’s observation of someone,” said Healey. “Sometimes the video [of the field sobriety test] works in favor of the defendant. They may look like they’re doing these exercises very well, and the argument is that they may have had something to drink, but their faculties are not impaired.”
Borello said he’s found DUI defendants typically have more money to hire private attorneys than others charged with crimes like burglary. Healey said he hadn’t noticed any particular economic trend among DUI defendants.
The impact
“It hurts some people a lot more than others,” said Mitchell. Between court costs, class fees, probation costs, attorney’s fees and skyrocketing insurance rates, he said, “it can be a $15,000 experience, easily.”
He said DUI convictions can impact everything from a career to finances to family life.
“You see wives who have to drive husbands around, kids that can’t get driven to school,” said Mitchell. “It can really impact the family, and it hurts when you see kids get affected by it.”
For people with prominent jobs and respected social positions, Mitchell said present and future employers can easily find out about a DUI conviction, and the media will often pick up on especially well-known names during routine public document checks.
“It’s more common [for people to find out] because the information is more accessible now with the Internet,” said Mitchell. “For $4, I can run a background check on you right now.”
Mitchell said people with jobs that require driving, like electricians, will likely lose their jobs because an employer won’t want to cover the insurance costs and increased liability.
“If you’re a Navy jet pilot, you’re done. Absolutely done,” said Mitchell. “At a minimum, they’re done getting promoted. It basically ends their career.”
Multiple DUI convictions can also affect the license status for other professions, such as attorneys or doctors.
Borello said the state attorney’s office takes factors like family and career impact into consideration when prosecuting a DUI case.
“If you have defendant A and defendant B, and defendant B’s family is going to be affected because he’s going to lose his job, that’s something you want to take into account as a judge or a prosecutor,” said Borello. “But I don’t want you to leave with the impression that different people leave with different repercussions depending on whether they work at Subway or at City Hall.”
Healey said a jury is instructed to be impartial and isn’t supposed to consider impact upon a defendant “because that plays on sympathy.” When he sentences a defendant, Healey said he considers: “What was their attitude throughout the whole process? ... Did they tell some story that was so far from the truth or did they seem honest and straightforward?”
Mitchell said the cost of getting a DUI will typically prove overwhelming for people with low incomes, even if they forego a private attorney. Healey said a public defender is occasionally appointed to those who ask for it, but court costs and probation fees are mandatory – and not paying them means “you could be brought back to court and theoretically go to jail.”
“It’s not good for anybody,” said Mitchell. “When they [my clients] see the final consequences, their first response is, ‘Why didn’t I just take a cab?’
“And honestly? They should have ... $20 for a cab sure as heck beats paying me $4,000 to $5,000 and having your insurance triple.”