| Copyright (c) 2008 Robert Keefer | | | | patterns, or if they are, they ignore what they |
| Many people are not concerned about DUI laws | | | | see. This is not the whole story according to Mr. |
| as they say they will never drink and drive. Such | | | | Workman. |
| people assume their actual innocence immunizes | | | | For citizens who supply a first sample that |
| them from arrest. Unfortunately, actual guilt is not | | | | satisfies all of the requirements set by Florida, and |
| a predicate for DUI arrest --- all it takes is an | | | | who then are charged with a refusal, because a |
| officer who says you are drinking. | | | | second adequate sample is not supplied, it is |
| Police officers are not very good at discerning | | | | shocking to look at what the first sample was |
| between people who are .08 and people who are | | | | measured to be. |
| .00. Indeed, few people are very good at | | | | Of all citizens who do supply a first sample, and |
| determining who is "legally drunk" at .08 and who | | | | then fail to supply a second sample, over 90% of |
| have no alcohol at all. The reason the police do | | | | these first samples measure to be 0.000. This |
| not detect impairment in subjects with .08 is that | | | | means that a citizen is punished for a refusal, |
| there is usually no impairment to see. The .08 | | | | which includes the possibility of a jail sentence, |
| standard is an arbitrary standard -- most people | | | | when the officer knows that the citizen has no |
| are not impaired at .08 despite what MADD, the | | | | impairment. Why would a citizen with no alcohol in |
| media and the government tells you. For that | | | | their system refuse to give a second sample? |
| reason, in today's America, the police arrest | | | | These citizens, who represent 1% of all tests of |
| anyone they believe smells of an alcohol | | | | citizens, are treated far worse, because they do |
| beverage. | | | | not have the benefit of the 0.000 result, and they |
| If this hypothesis is true, that smell by itself | | | | likely are prosecuted, and many convicted. They |
| merits arrest, then there should be a lot of .00 | | | | can also be convicted of the crime of failing to |
| people who are wrongfully arrested. People who | | | | provide a sample, even though it is likely that the |
| smell of alcohol or the police believe smell of | | | | second sample was prevented by the officer |
| alcohol but actually have no alcohol in their | | | | (again, why would a sober person refuse to |
| system. Thomas Workman, an electrical engineer | | | | provide a second sample?) |
| with many years of work experience who is also | | | | Then there are the citizens who are tested with |
| a patent attorney, has done a detailed analysis of | | | | machines that are defective. Mr. Workman will be |
| Florida's breath alcohol testing program results. Mr. | | | | presenting his findings of these, who represent |
| Workman found that one out of every twenty | | | | more than 10% of all tests (that is more than 1 |
| Florida citizen tested for alcohol had two zero | | | | out of ten tested is being tested on broken |
| (0.000) samples. No alcohol was found. From April | | | | machines) at the annual NACDL conference in Las |
| 1 2006 to November 30 2007 there are more | | | | Vegas. |
| than 3,900 citizens who provided two samples of | | | | We are all indebted to Mr. Workman for his time |
| 0.000, for DUI tests. | | | | consuming analysis which indicates that thousands |
| From April 1 2006 to November 30 2007 there | | | | of innocent people are being convicted of DUI |
| are about 58,000 citizen tests with results above | | | | with 0.000 blood alcohol. This result supports the |
| 0.000 | | | | hypothesis that since .08 is usually not physically |
| This works out to 6.7% for Florida as a whole. | | | | distinguishable from 0.000, people with no alcohol in |
| But do some police officers arrest more innocent | | | | their systems are subject to arrest, prosecution |
| people than others? | | | | and conviction for DUI. |
| When you look at the data and identify the | | | | If you get arrested despite being innocent and |
| arresting officer, some disturbing patterns | | | | the officer decides that you refused the breath |
| emerge. The same officers are making these | | | | test, you can get convicted despite your |
| "double 0.000" tests, over and over. While Florida | | | | innocence. Even the innocent need to be afraid of |
| Dept of Law Enforcement claims to be monitoring | | | | DUI laws. |
| the tests, they do not look for these kinds of | | | | |