Browsing the Kansas City Crime Scene Blog, as I do almost everyday, I saw 2 DUI stories on the same day that are all too common. The first story concerns a guy who was passed out in his car at about 4 p.m. When the officers aroused him, he was lethargic and appeared to be drunk. The officers told him to get out but he didn’t so they zapped him with a taser. It turns out he was having a diabetic reaction. They arrested the guy and took him to the station where he blew .000 on the breath testing machine. He still spent time in jail and had to post a $1,000.00 bond. Not only that, they still have not dropped the charges! This, despite the obvious evidence that he is just a diabetic and was suffering from a medical condition. This happens all the time. The effects of a hypoglycemic reaction closely mimic those of intoxication, including a “fruity” odor to the breath which smells like alcohol. What is scary is that this guy is still charged, despite the evidence being that he had no alcohol in his system!
The second story concerns a disabled man who was given a DUI while rolling down the road in his scooter, which is actually a wheelchair. He has no use of his legs due to cerebral palsy so he uses the wheelchair to get around. He had a 12pack in his basket and blew a .125. So, I guess this guy is not to enjoy any beers out side of his house for fear of getting a DUI. Or, maybe he could get a DUI even in his house if he moves his wheelchair from one side of the room to the other. He is facing 3 years in prison for this offense. Recently, there have been a lot of stories about people getting DUI’s on bicycles, horses, golf carts, riding lawnmowers and even a zamboni. They are kind of funny, but when you think of it they are kind of scary, too. I don’t know what good giving a disabled person a DUI in his wheelchair is going to do for the community. I am not sure exactly who or what the police are protecting by arresting this guy.
Sometimes it seems that in the panic to prevent any drinking and driving, whatsoever, we have sacrificed common sense on the altar of DUI. We see Kansas DUI cases at our law firm that parrallel these two cases from time to time. The diabetic situation is quite common, actually. So, when we laugh at these cases remember we are laughing at ourselves. DUI cases in Kansas can be just as absurd and the citizens certainly don’t seem to mind living in a DUI police state – until it happens to someone in their family.