CITY AND AREA
University Daily Kansan, August 22, 1984
Page 12
Drinking
continued from p. 1
begins by having the driver recite the alphabet forwards
If the driver still seems intoxicated, he is examined for head injuries and signs of shock. If the officer determines that he is in no physical danger, the test continues.
A suspect is required to walk heel-to-toe an odd number of steps, pivot and return in a different number of steps. They usually get confused with the number of steps, he said.
Getting arrested
Swinging one leg in a circle and nose-touching usually conclude the field test. If, in the officer's opinion, the person is too drunk to drive, he is placed under arrest.
The arresting officer handcuffs the driver and reads him his rights under the law. This is the point when people may have a tendency to get violent, Cobb said. Fighting with an officer can lead to
When a driver is taken into custody his vehicle will be left at the scene or impounded.
Fighting with an officer can lead to additional charges of resisting arrest.
The driver is then taken to the Judicial and Law Enforcement Building, 11th and New Hampshire streets.
When a vehicle is impounded it is searched. This is done for the protection of the department, Cobb said. A record of the objects in the car is made to prevent claims of police theft.
In a routine search, the officer will not open the glove compartment or the trunk, but any open containers found in the car may be used as evidence indicating that an additional charge of an open container violation.
The breath test
The time from arrival at the law enforcement center to release is usually about three hours, Cobb said. During that time the person will be booked, photographed and fingerprinted. Also, a chemical test of blood-alcohol level will probably be performed.
The test determines the percent of alcohol in the blood. A level of 10 percent alcohol or higher is considered to be a legal presumption of operating under the influence.
This is approximately five mixed drinks or beers for a person weighing 160 pounds.
The chemical test used by police in Lawrence is the breath test, and state law says that the chemical test may be refused. Refusal to submit to the test will
Refusal can also be used as evidence against the driver in a trial.
result in the automatic suspension of the person's license.
A person does have the right to talk with an attorney before deciding whether to take the test. If the police refuse to allow the suspect to call a lawyer, the chemical test cannot be used as evidence.
test cannot be used by the A person who refuses the test will be notified of when the hearing is and invited to attend.
If a person attends the hearing, the department will usually suspend the license for 120 days, Stan Hazlett, lawrence attorney, said. However, if the hearing is not attended, the suspension may be as long as a year.
Because of the complex nature of the charge and its possible legal consequences, Hazlett advises people to talk with their lawyer.
with their lawyer.
Legal representation for a first offense can cost from $150 to $450. Douglas County Legal Aid handles OUI cases, but an applicant must meet certain income requirements.
Most students don't qualify for assistance because the income of their parents is considered, said Dennis Prater, director of Douglas County Legal Aid.
An important factor in deciding whether to take the test is how recent the last drink was.
The effects of alcohol tend to increase for one hour after drinking is stopped and then begin to decrease, said Lawrence attorney, David Berkowitz.
This means that a person could be sober when pulled over, but drunk by the time he left.
The test requires that the subject be watched for 20 minutes before being tested. Often an hour or more has passed between the arrest and the testing.
City Prosecutor Michael Glover said that the time delay was not a problem because other factors were taken into consideration when trying an OUI case.
He said that other evidence was taken into consideration because the time delay could cause the blood-alcohol level to go up or down and differences in individual physiology may be important. Alcohol knocked 10 percent alcohol while another was not drunk above 10 percent alcohol.
He said that he would consider taking a case to court if he officer testimony indicated that the person was drunk even though the person was drunk a reading of under 10 percent alcohol.
District Attorney Jerry Harper's office views the test differently. They don't
The prosecuting attorney withdraws the charges in exchange for the defendant's promise, in writing, to perform certain considerations. These usually include paying $285 in fines and doing 100 hours of work on the drug and attending alcohol information school.
prosecute if the test yields results under the .10 percent level, said Assistant District Attorney Maggie Johnson.
The alcohol information school meets once a week for a month. The committee notifies the court if the defendant does not attend all four meetings.
If the defendant fails to meet the obligations of his diversion, the prosecuting attorney can reopen the case. He now has, in addition to the original
mandatory sentencing law, through legal agreements between the prosecution and the defendant.
The advantage for the defendant is that he avoids jail and his record does not contain a drunken driving conviction. The advantage to the prosecutor's office is that it lightens its case load and still manages to effectively get the same penalty. five years of the time of the diversion, the diversion will be treated as a conviction for the purposes of sentencing. The latter arrest and conviction for operating under the influence will be considered a second offense.
In Douglas County whether the defendant receives the diversion option
'I think that you may have had too much to drink tonight. Would you please step out of the car?' asked the officer. Little did you know that the night of drinking would cost you more than $1,000.
evidence, the defendant's acceptance of the diversion terms.
Not many people break the terms of their diversions, said George Catt, municipal court judge, but the majority who do are students.
The obligation will not be forgotten. A warrant will be issued.
warrior will be issued.
If a person receives diversion and completes his obligations, but is convicted of operating under the influence within
After the test is taken, or refused, a driver may be released into the custody of any sober person over 18. If no one takes custody of the driver, he will stay in jail for six hours.
If the arrest is being processed through the district attorney's office the driver must post $500 bail. Resisting arrest and assaulting a police officer require another $1,500 bail each.
Those cases that the prosecutors wish to pursue will be evaluated by the Douglas County Citizens' Committee on Alcoholism. Judges will use them to help determine sentences.
Diversion is a way first time offenders can avoid going to jail under the
depends upon which prosecutor handles the case.
Diversion
Glover uses the diversion program extensively. Diversions may be granted in cases that involve destruction of private property, a parked car for example, but not be granted in cases involving injury accidents, he said.
Glover said that he valued the diversion program because it "provides a safety valve for society." The person receives the same punishment in the diversion as the person who is convicted, except that he does not serve time in jail.
does not see evidence. Harper's office takes a different view of the diversion program. His policy is one of no diversions, said Johnson. If they felt they had enough evidence to convict someone they would take the case to trial.
The penalties
A first offense carries a penalty of at least 48 hours in jail and a maximum imprisonment of six months. This part of the sentence may be reduced to 100 hours of community service at the judge's discretion.
In 1982, the Kansas Legislature added teeth to the existing law, by providing mandatory sentencing and removing the option of plea-bargaining.
People convicted of a first offense will have their license restricted for at least 90 days and possibly as long as a year.
days and places.
Also, violators are sentenced to complete an alcohol and drug safety action program.
program.
They will pay $200 to will also be brought
to those convicted of drunken driving.
They must also pay another $65 to
cover the costs of the alcohol information
school. Finally, an $59 fine is paid to
the city and $10 to cover court costs.
A jail sentence of 90 days to a year is mandatory for people convicted of a second OUI. Completion of a treatment program is required and may reduce the sentence, but a minimum of five days in jail is still maintained.
A suspended driver's license and a fine of $500 to $1,000 accompany a second conviction. Completion of a treatment program may result in the early restoration of full driving privileges.
Those convicted of three or more OUF's will be sentenced to at least 90 days in jail. The maximum sentence is one year in jail. The fine on the third offense is raised between $1,000 and $2,500, and a third treatment is required. A treatment of this program could cost $7,000 to $8,000, said George Hackman, a committee on alcoholism administrator.
The driver's license of a three-time offender will be revoked for at least one year.
Other ramifications
In addition to the costs of legal representation, fines and time lost from work, the effect of an OUI conviction on insurance rates penalizes the drunken driver.
Most insurance companies will not renew the policy of a person convicted of drunken driving, said Don Stewart, underwriting superintendent for Kansas with Allstate Insurance, Co.
Because no other insurance company will issue a policy to someone with an OUI on his driving record, the driver is forced, in Kansas, to go to the Kansas Automobile Insurance Plan. This is an organization which sells insurance to high risk drivers.
"Their rates are already higher than industry standards," said Bob Carlson, an Allstate insurance salesman in Lawrence, "and they will add a surcharge of 150 percent to the rates of someone with a drunken driving conviction."
This could raise rates of $500 per year for a single male under 25 years old to more than $1,250 per year.
Clubs continued from p.1
Sgt. Preston's of the North,
815 New Hampshire St.
A Canadian Mountie motif gives a classy treatment at Sgt. Preston's of the North.
Snowshoes, stuffed deer and wolf heads are mounted on the wall, and a birchwood canoe hangs over the barstools. Add in the brass stair railings and the solid marble tothen toss in an outdoor patio, and Preston's oak deck is complete, said Brad Miller, bartender.
Miller said that Preston's offered daily lunch and dinner specials. The club's menu includes appetizers, soups, salads, hot and cold sandwiches, and entrees such as sirloin steak and teriaki chicken.
For its mixed drinks, Preston's squeezes fresh orange and grapefruit juice. Miller noted the house specialty drink, the Frankie, which is made with gin and grapefruit juice.
"We have people come in and tell us they ordered a Frankie at another bar, but it just wasn't the same without the fresh-squeezed juice," he said.
Memberships cost $10 and are reciprocal with more than 200 clubs in Kansas.
Preston's has two different happy hours. The regular happy hour runs from 4 to 7 p.m.
Monday through Friday, while the late night special runs from midnight to 2 a.m. on
weekends.
Up and Under,
403 N. Second St.
Special features include 50-cent kamikazes on Mondays, "Open Mike Night" on Wednesdays, and live music on weekends.
Located upstairs from (but not under) Johnny's Tavern, Up And Under is what could be described as an "intimate little place." Privacy is the club's strong point, according to Rick Renfro, co-owner.
one haste. Up And Under features nightly specials, with a happy hour from 4 to 7 p.m. Monday through Friday.
Taverns
continued from p. 1
"We get a lot of couples," Renfro said. "It's a good place to bring a date and have no one hassle you."
Memberships are $10.
Louise's West,
1307 W. Seventh St
The name is similar, the beer tastes the same, but there are differences between Louise's West and its downtown namesake Louise's West is a much smaller bar, and according to Jamie Tretbar, day manager, the crowd is composed of "regulars as well as students."
Shuffleboard is one of the bar's main attractions. Board-game fans may also check out a backgammon set or a Trivial Pursuit game.
Pitchers are $2.50, with Coors and Coors Light on tap. Frosty scoops sell for $1.25.
The Pladium. 901 Mississippi St
Lights, music, dancing! The Fladium will no longer have live entertainment this year, but Phil Wente, manager, said, "We still have the biggest dance floor in town."
have the biggest dates in JDJs will spin records six nights a week, and for the not-so-footloose types, there's a large video game room.
video game room
The Pladium is planning a special for
almost every night of the week, including Monday's quarter pitchers, Wednesday's $1.50 pitcher; and Thursday's "Ladies Drown,Night."
Regular pitcher price is $2.75, with Bud Light and old Milwaukee lamp on tap.
The Time Out, 2408 Iowa St.
The Time Out has four beers on tap, plus a varied grill menu ranging from burgers to pork tenderloin or pizza.
park center.
Time Out patrons can choose from
Budweiser, Bud Light, Coors or Coors Lights.
Owner Ken Price is planning nightly beer
specials for this fall, along with the usual pool tournaments.
The Wagon Wheel Cafe,
507 W. 14th St.
Step two: Avoid freshman embarrassment: Don't ask directions to the Wagon Wheel Cafe.
It's much better known as The Wheel and besides, the directions are easy: It's just down the hill on 4th Street, only a couple of minutes from campus.
Until the Kansas Union opened in the 1950s, KU students walked down 14th Street to buy their textbooks at the building. Now they walk down the hill to buy a beer, or to sit outside and chat on the Wheel's backyard patio.
patio The Wheel doesn't serve pitchers, but offers 75-cent draws and 90-cent cans of Coors.
West Coast Saloon,
2222 Iowa St.
Surf's up at the West Coast. Ocean scenes cover the walls, Beach Boys songs fill the air, and a sand pit offers customers an alternative to the usual bar-booth seating.
five to the beach The West Coast doesn't have any surfboards, but it does offer four pool tables and fooball for entertainment.
Pitchers sell for $2.75, with Budweiser and
Bush tap on tap.
A TQIF special features quarter draws.
EDITOR'S NOTE: Pitcher prices and discount drinking hours are subject to change.
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