We know Shakespeare never had to contemplate the legal issues surrounding a DUI/DWI, or the consequences of refusing to submit a breath sample when asked to do so by an investigating law enforcement officer. But by tweaking Hamlet’s famous line, we can call attention to perhaps the most difficult decision one must make when stopped by the police and asked, “Will you submit a breath sample at this time?” Let’s look at a typical scenario encountered by many on Montana’s rural roads and main highways.
After a tough week at work, you and a few friends agree to meet at the local bar and grill for a few beers and a bite to eat. You order a draft beer with a burger and fries. By the time your burger arrives, you’ve downed most of your first beer, so you order another. You know you’re driving, but you’re going to eat a good meal and besides, you can drink a beer an hour and be okay. Everyone knows that, right?
On the way home, you come to the a stop sign at a popular intersection in Helena, the same stop sign you have encountered for years on your way home from work. It’s quiet and there’s no traffic, so you slow down as required, but then you roll slowly through the stop sign without coming to a complete stop. You’re planning your weekend with your family when flashing blue and red lights splash through the back window of your pickup and dowse your senses with anxiety.
“How much have you had to drink tonight?” asks the armed officer who is leaning down near you to detect the odor of alcohol coming from your vehicle and breath. Although alcohol is odorless, malt, barley, and hops are not. “Well, only one, or maybe two,” you answer. Guess what? Everybody says that, true or not. The officer orders you out. He runs you through the standard DUI tests, designed to “See if you’re okay to drive,” and then he reads an advisory that informs you he’s going to ask you to blow into a handheld device known as a preliminary breath tester or PBT. He also tells you that you will lose your license for 6 months if you refuse to blow. And then he asks, “Will you submit a breath sample?” Your building anxiety has turned into full blown panic.
You heard very little of what the officer had been saying because your mind was flooded with a swirling set of concerns that hit you like a tidal wave. You’ve never been in trouble with the law before. And by now another officer has arrived as backup, and the atmosphere feels like a major crime scene. You need to decide quickly and without any advice from anyone. You’ve heard it so often, “Never blow.” But you don’t want to lose your license. What about a “work permit” that allows you to drive to work. You’ve heard of that. But maybe you’ll blow under the limit (.08), and the officers will let you go? Then you remember you had two micro-brews, and they’re more potent, aren’t they? Jail. Job. Spouse. Work. Kids. Life. It’s all ready to be flushed away. You’re paralyzed with indecision.
Ask anyone who’s been through this for the first time, and they’ll tell you it ranks among the worst experiences of their lives. People often speak of the humiliation and shame involved with a DUI charge. They dread the prospect of their name and picture appearing in the paper.
To blow or not to blow? That is the question. Most of us are entirely dependent on our driver’s licenses to survive. We have to get to work. We have to feed our families. Pay our bills. Go hunting. Live. We can’t easily hop a bus, or a train in Montana. Clearly, most of us must blow when asked, so we can continue to function. A select few, however, can refuse and not have their lives turned upside down. It just depends on our given circumstances at the time. Few realize we agree by contract law to blow when we sign for our driver’s licenses, thus the 6 month civil penalty for refusing. But it’s best to avoid that awful decision in the first place. How?
Rewind back to the bar and grill with your friends, and when the waitress asks, “What are you drinking tonight?” You could say, for example, “Ginger ale, please.” Its the only way to stay safe, keep others safe, and ensure your peace of mind. After all, life is short.