Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, December 24, 1994 TAG: 9412270077
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: LISA APPLEGATE STAFF WRITER
DATELINE: LENGTH: Medium
He tells Roanoke County Police Officer David McMillen he shared a bottle of wine with his wife, hours ago. McMillen listens, holding a small box called an Alco-Sensor. The man asks McMillen: Do I have to take the Breathalyzer? Will you arrest me if I don't?
This scene, witnessed at a checkpoint conducted on Colonial Avenue by Roanoke County police Thursday night, evokes apprehension and fear in many drivers.
But it will be a common occurrence throughout this holiday season, Lt. Gary Roche promises.
"This is why we stand out here until 2 in the morning: to get drunk drivers off the road before they hurt someone," Roche said.
By 11 p.m. Thursday, an hour after they started, the 15 or so officers at the roadblock had arrested two people and charged them with driving under the influence. Many more drivers suspected of drinking were asked to pull off the road and park so officers could talk to them.
They hoped to stop drivers coming from Christmas parties and "ladies' night" specials at bars.
Six police cars, called chase cars, sat with engines running and lights blazing, ready to pursue any driver who tried to stop or turn around.
It was a chilly night, but the officers said it was nothing compared to Dec. 16, when they stood in the rain on Virginia 419. At least, they joked, they were there for only a short time.
"That was a good night," Roche said. "We had to shut it down because we didn't have any more officers." In a little more than an hour, he said, eight people were arrested and charged with DUI.
Roche said roadblocks are one of the most effective ways to stop drivers who may not realize they're intoxicated.
The man who was being questioned by McMillen was fortunate: He agreed to take the Breathalyzer, and registered not quite 0.05 percent blood-alcohol content, under the legal limit of 0.08 percent.
McMillen said he might have arrested the man - if he hadn't agreed to the Breathalyzer test - based on his unsteady gait during the physical tests.
"For someone like him, who doesn't drink often, even the smallest amount of alcohol can affect motor skills. You just never know," he said.
Drivers are required to stop at roadblocks and show their license and registration. Police check for signs of alcohol consumption: an odor of alcohol, slurred or confused speech, unfocused eyes.
Drivers suspected of drinking are asked to pull over and get out of the car to perform physical tests.
Road blocks are constitutional; the U.S. Supreme Court ruled in 1990 that the threat posed by drunken drivers outweighs the inconvenience that roadblocks cause law-abiding motorists. But courts have imposed rules that police must follow when they set up roadblocks.
Defense lawyer Ray Ferris - a former Roanoke prosecutor - said that while drivers do not have to agree to field tests, "they must understand that failure to do so can be used in a court of law."
Drivers who are arrested are required to take either a Breathalyzer or blood test once they arrive at the police station. Ferris said people often get confused and refuse to perform this test - and they automatically lose their license for 12 months.
Since the legal limit was lowered to 0.08 percent in July, Ferris said, he's seeing more occasional drinkers who are shocked to hear they're over the limit.
"The message has got to get out that there's no safe level," Ferris said.
Roche said Thursday night's checkpoint - which was closed early because of rain - netted five DUIs, at least five people driving on suspended licenses, and one outstanding parole violation.
Roche says he hopes to see that much success in the next two roadblocks that will be conducted sometime between today and New Year's Day.
Roanoke police also will conduct a roadblock one night this coming week.
by CNB