We all make mistakes, even when we should know better. Such is the case of a Tulsa police officer accused of driving under the influence after having afew beers after her shift.
The Tulsa World reports that Officer Shea Jojane Duff, 41, a 10-year-veteran of the Tulsa Police Department, was arrested by Owasso police early Saturdaymorning. The Owasso police officer allegedly noticed a pickup truck having difficulty making a U-turn and backing into the road in front of approachingtraffic.
When the officer pulled the truck over, he spoke with Duff, who identified herself as a Tulsa police officer. The arresting officer allegedly noted theodor of alcohol and the driver's red, watery eyes.
When he questioned Duff about whether or not she had been drinking, the woman told him that she ended her shift around midnight and had "two, maybe three"beers after her shift before heading home. The arresting officer told the driver that consuming three beers in a span of an hour and a half or twohours would elevate her blood alcohol concentration (BAC) to 0.08 or higher--at or beyond the legal limit. The off-duty Tulsa officer allegedly assented,saying, "Right."
She allegedly also told Owasso police that she had made a mistake, and that she never should have gone out after her shift. She refused to take a breathalyzertest.
Duff was booked into the Tulsa County Jail early Saturday morning and released a short time later on $1,100 bond. After her release, the Tulsa Police Departmentmoved the officer to desk duty pending the investigation.
While the police officer allegedly admitted that she "made a mistake," if the details of the arrest are true, she actually made several--any number ofwhich she should have known better than to make.
First, driving while impaired or under the influence of alcohol or drugs is illegal--a fact that any police officer knows all too well. It is also dangerous,risking not only the driver's life, but also the lives of any passengers or occupants of other vehicles who may cross paths with an impaired driver.A law enforcement officer who has responded to the scene of a serious or fatal DUI accident knows firsthand how devastating and completely preventablethese accidents are.
Next, a law enforcement officer should be the first to know that anything a suspect says to an officer "can and will be used against" him or her. In fact,any time a police officer makes an arrest, he or she has to recite a Miranda warning informing the arrestee that he or she has the right to remainsilent. Apparently, the allegedly impaired driver chose to ignore the warning she knows by heart. She told the Owasso officer how much she had beendrinking, when she did not have to explain her whereabouts that evening, whether or not she had been drinking, or how much she had been drinking.
She allegedly issued further statements that will likely be used against her by acknowledging that three beers would put her over the limit to drive safely,and by admitting that she had made a mistake.
How can a person avoid making these mistakes in a traffic stop? First, don't drink and drive. The risks are just not worth it. As inconvenient as it maybe to find a sober ride, call a cab, or sleep it off on a friend's couch, it is much more inconvenient to be arrested for DUI--or worse, be involvedin a serious DUI accident.
Second, if you are pulled over on suspicion of DUI, it is important to remember that your right to silence begins immediately--not only after your Mirandarights are read as you are placed under arrest. While you do have to give police your ID, you do not have to answer any questions about your activities,whether you have been drinking, or how much you have had to drink. Be polite, but protect your rights.
Finally, if you are arrested for DUI, contact an attorney as quickly as possible. Your lawyer can help you fight the DUI charge and can help you get thebest possible outcome to your case.
