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As early morning darkness envelops his slumbering community, Officer Jeffrey Herra is wide awake and in search of alcohol-impaired drivers.

A typical scenario: Herra sees one, speeding and struggling to stay in his lane on Route 47 just after 3 a.m. In a moment, the driver is pulled over. Herra aims his flashlight at the suspect’s face and asks, “Have you been drinking?”

The suspect answers no. And as soon as he’s opened his mouth to proclaim his sobriety, Herra’s flashlight has captured a blast of his breath. A fuel cell inside measures the presence of alcohol, which shows up on a bar graph on the handle.

The suspect is, in fact, drunk.

Herra calls for back up and proceeds to what police call a field sobriety test. An arrest soon follows.

Last fall, Herra was honored by Mothers Against Drunk Driving for his dedication to arresting drunken driving suspects. Herra has been nominated for a Hometown Heroes award through the Fox River Chapter of the American Red Cross. The awards will be announced in March.

But what makes this officer unusual is that he recovered from a traumatic brain injury that left him without a sense of smell.

“He has adapted and compensated using all other visual cues and a new device a passive alcohol sensor,” Elburn Chief James Linane said. “He’s our top DUI officer. And they’re good arrests.”

Herra made 59 of the 87 DUI arrests in 2006, 21 of the 29 DUI arrests in 2007 and unofficially, 30 of the 31 DUI arrests in 2008, according to police records.

The new technology fulfills a legal requirement of probable cause officers need in order to pull a driver over and do the field sobriety and Breathalyzer test before arrest. Herra still made DUI arrests, but the device helps with an on-the-spot alcohol analysis.

The department acquired the device in August 2007. By March of 2008, Linane said, Kane County courts ruled they would accept the new technology as a scientific measurement of the presence of alcohol.

“What he can’t smell, another officer comes in as the smeller,” Linane said.

That way, Herra’s reports state he relied on the passive alcohol sensor while the second report will state the officer smelled an odor of alcohol.

Herra was 26 when became injured at 2 a.m. Nov. 15, 2001, while working as a full-time officer at Northern Illinois University and a part-time officer in Elburn. While tackling a suspect who had run away from a car being pursued, Herra suffered a skull fracture when his head hit the concrete. Herra suffered a severe concussion with bleeding and swelling on his brain, remaining in a coma for five days at Rockford Memorial Hospital.

“It was touch and go,” Linane said.

Herra said he was back on the streets in 3{ months despite dire predictions he would be out for at least a year and might never return to work. He returned to work and has been full time in Elburn since 2004.

Herra initially sought out the passive alcohol sensor technology to help him with DUI arrests.

A fellow officer, Erich Schlachta, now a sergeant and Herra’s supervisor, had lost his sister in a drunken driving crash.

Schlachta’s family wanted to support anything that would help remove impaired drivers from the road. They paid the $700 for the device so Herra could continue to make DUI arrests.

“This became my mother’s personal crusade for the rest of her life,” Schlachta said.

If you have been arrested for DUI in Kane County contact a Illinois DUI Lawyer to evaluate your case. A lot of the time people are surprised to be found not guilty for their Illinois DUI charge.

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The Palm Beach County Sheriff’s Office and other local law enforcement will be conducting drunken driving checkpoints, but this time deputies will do things a little differently.

If deputies suspect a driver is under the influence, they’ll offer an on-the-spot Breathalyzer. If drivers refuse, deputies will ask to draw their blood.

Attorney David Olson told WPBF News 25 that “would only be lawful if a warrant is issued by a judge.”

That’s just what deputies plan to do. They’ll actually drive to a judge’s home for a signature and return to the checkpoint.

Olson said drawing blood from drivers is usually done in extreme cases like homicides and fatal collisions. Olson said he’s not sure a judge would actually sign a warrant.

Drivers who refuse will be arrested and charged with driving under the influence.

DUI saturation patrols are set to begin Friday and will continue through Saturday.

Never admit guilt when accused of a Florida DUI! Contact a Florida DUI Lawyer to discuss your options.

A high-ranking Newport News police official admitted to driving drunk on Interstate 64 in Hampton one night last summer.

But Dawn D. Barber, a former assistant police chief who was demoted to captain, is now actively appealing her conviction.

“Of course I regret it,” Barber said after being found guilty at a hearing in Hampton General District Court in November. “I take full responsibility.”

Her appeal under way in Hampton Circuit Court asserts that the case should be thrown out because a judge refused to accept a legal maneuver that would have allowed her to be sentenced on a lesser reckless driving offense instead of the DUI.

Barber’s attorney, Shawn W. Overbey, contends the judge was required under state law to accept the plea.

But the Hampton Commonwealth’s Attorney’s Office — not backing down and contending the judge did nothing wrong — has now requested a jury trial in the case.

A hearing on Barber’s motion to dismiss the case is set for April 13, with a trial slated to begin May 26.

Hampton Chief Deputy Commonwealth’s Attorney John Haugh declined to comment on the case Tuesday.

Barber, 44, was pulled over about 9:40 p.m. on Aug. 16 after a Virginia State Police trooper said she was weaving in traffic and almost hit another car on I-64 near North King Street.

The trooper who pulled Barber over said she told him that she drank a ” Texas-size” margarita at a restaurant a half hour earlier. He said Barber performed poorly on sobriety tests, with a Breathalyzer test showing that she had a blood alcohol content of 0.12 percent. The legal limit in Virginia is 0.08.

Later, Newport News Police Chief James Fox demoted Barber one rank because of the incident. He also cut her pay to $83,500, down 4.7 percent from the previous salary of $87,675.

At the November court hearing in the case, Overbey sought to reduce Barber’s possible punishment.

Under state law, when someone is charged with both drunken driving and reckless driving as part of the same incident — as they usually are in DUI cases — the judge must dismiss one of the charges.
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The Wyoming House has given initial approval to a bill that would require some convicted drunken drivers to use in-car breathalyzers.

The Senate has already approved Senate Fill 88, the only surviving DUI bill in the Legislature this session. The House passed the bill on first reading Thursday.

The ignition interlock devices prevent cars from starting if a driver’s breath test detects any alcohol.

The bill would require the in-car devices for all DUI convicts with multiple offenses and for first-time offenders arrested with a blood alcohol content of .15 or more.

Wyoming has had a voluntary ignition interlock program in place since 2006. Supporters say that program has prepared the state with the necessary infrastructure to mandate interlocks.

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Indiana State Police will be conducting a DUI checkpoint in Hendricks County Friday. Officers will be observing for intoxicated, impaired and underage drinking drivers. The checkpoint will be operating late Friday evening and early Saturday morning.

To expedite the time involved if you are stopped at the checkpoint, drivers are asked to have their driver’s license and registration ready to present to the officer. If no violations or impairment is detected by the officer, motorists should only be delayed a few minutes. Additionally, officers will be conducting saturation patrols in the area to observe for impaired motorists attempting to avoid the checkpoint.

To help to ensure your weekend is safe and enjoyable, observe the following tips:

Plan ahead and always use a designated driver.

Don’t get behind the wheel of a vehicle if you’ve been consuming alcoholic beverages; call a taxi, a family member, or friend who has not been drinking to give you a ride.

If you are hosting a party, always offer alcohol-free beverages and make sure all of your guests leave with a sober driver or allow them to spend the night.

Remember, Friends Don’t Let Friends Drive Drunk. Take the keys and never let a friend leave your sight if you think that they are about to drive while impaired.

To report an impaired driver, contact your local law enforcement agency, or dial 911. Reports can be made anonymously.

Boise police had a busy night of DUI enforcement as Downtown revelers celebrated Fat Tuesday.

Boise police booked 12 different drivers for DUI charges into the Ada County Jail between 6 p.m. Tuesday and 4 a.m. Wednesday.

Idaho State Police, who patrol Treasure Valley highways like Interstate 84, arrested nine drivers for DUI charges during the same time frame.

Boise police increased both foot and car patrols Downtown for Fat Tuesday — a Mardi Gras celebration marking the last day before Lent, a 40-day period of fasting and prayer before Easter for Christian denominations.

Since Fat Tuesday is such a popular and sometimes rowdy night of revelry at Downtown bars, Boise police increased staff to weekend level — eight patrol officers and at least seven foot or bicycle officers — to help reduce fights and drunk driving.

Boise police made 12 DUI arrests and 33 total arrests during the 2008 Fat Tuesday celebration.

Boise police officials have not yet compiled a total from 2009 but expect to release that information later Wednesday.

If you are one of these 12 people make sure to hire a DUI lawyer. Remember, you are innocent until prove guilty.

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People caught driving drunk just once could be forced to install breath-alcohol monitoring devices in their cars, as Kentucky lawmakers consider toughening the state’s DUI laws. House lawmakers are considering proposals aimed at increasing the use of ignition locks, which require people to prove they’re not drunk by blowing into a device before starting their vehicles. Another plan would also decrease the current blood-alcohol level that triggers an aggravating factor in DUI sentencing. “The problem is we’ve got people that are driving 100 times before they even get caught drinking and driving,” state Rep. Dennis Keene, a Democrat from Wilder, said. “A lot of these people re-offend and this would curtail them from using their car while they’re out drinking and driving. There’s a tremendous call for this.”

Advocates have been pushing for tougher DUI laws across the country. Recently, that push has included widening the use of ignition locks for people with one conviction for driving drunk. Nationally, states have different levels of use for the breath-monitoring devices. They’re imposed on motorists ranging from people getting driving drunk their first time to hard-core multiple offenders.

This year five states – Alaska, Colorado, Illinois, Nebraska and Washington – began requiring first-time drunken drivers to install the gadgets on their cars. Repeat offenders in South Carolina, meanwhile, were also required to use the devices if they want to keep driving. Arizona, Louisiana and New Mexico have similar laws on the books.

Kentucky is one of 11 states currently considering such legislation, according to the Washington-based American Beverage Institute, which represents restaurants and retailers. Kentucky judges have already had the authority to impose the devices – which also require periodic tests while the vehicle is in use – on people who get caught driving drunk more than once.

Keene’s proposal would require it. And for more people.

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In California, the legal drinking age is 21. That means that under most circumstances, a person less than 21 years of age commits a crime by having any alcohol at all.

In the context of California DUI Law, the difference between a sip of alcohol and nothing to drink can make a world of difference if you are less than 21 years old. In fact, California drunk driving law prohibits anybody under 21 years of age from driving with anything more than a .01 alcohol concentration in their system.

For most people, this is way less than one beer.

For this reason, there are literally thousands of college students who get busted for the charge of minor DUI each year, not to mention minor possessing alcohol.

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Former Phoenix Sun and current TNT broadcaster Charles Barkley pleaded guilty today to two counts of DUI stemming from his New Year’s Eve arrest in Scottsdale.

He also pleaded responsible to a third charge of running a red light.

Barkley was sentenced to five days in jail, more than $2,000 in fines and he must enter an alcohol program.

He starts serving his jail time March 21.

According to Scottsdale City Courts he will serve his time in Buckeye.

I know its not much of a sentence, but I am shocked Barkley will do any time at all. With his money I thought he could buy his way out of doing jail time for this Arizona DUI charge. Its good to see the Arizona legal system working the way it should.

Illinois defensive tackle Josh Brent has pleaded not guilty to misdemeanor charges of driving under the influence and driving on a suspended license.

Brent’s appearance in court Monday came after his Saturday arrest prompted Illinois coach Ron Zook to suspend the 21-year-old from the team indefinitely.

Brent played in 10 games last fall as a sophomore. He had 34 tackles, 8 1/2 tackles for loss and 1 1/2 sacks.

The Champaign County state’s attorney’s office says police on Saturday also discovered a warrant for Brent’s arrest for failing to appear in a Livingston County court on an earlier charge of driving on a suspended license.

Prosecutors say Brent’s blood alcohol level Saturday was .114 — well over the .08 legal limit.

Brent’s next court date in Champaign County is April 30. He’s also due in a Livingston County courtroom on March 23.

I am not sure who Josh hired in his defense, but he will need a great Illinois drunk driving lawyer to get off the hook here.

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