With the passing of legislation you have to be drunk to drive drunk

May 25, 2009 News

By Michael Benjamin

Recently, someone recited to me the story of a young businessman who after experiencing an extremely torrid day at the office, went home, sat before his television set and began imbibing from a six-pack of Polar Beer.

As he switched on the device he heard the anchor of a popular newscast relating an incident where the police had detained a young man found smoking marijuana. “These nuisances should be placed before the courts, found guilty, and given extended periods in the slammer,” he thought as he took another swig of beer.

While the law clearly states that possession of marijuana is prohibited and is punishable by prison time, alcohol consumption has been given a reprieve. Indeed, the alarming numbers of persons to have lost their lives on our roads because of drunken drivers has signaled a need for appropriate legislation and it was mindboggling to conceive what was taking our legislators such a long time to have the relevant laws enacted.

Indeed, one is hardly likely to read of the police swooping down on any of the popular breweries and arresting the Chief Executive Officer on charges of possession of dangerous drugs. Yet the statistics would reveal that consuming alcohol impairs one’s judgment and has been responsible for untold misery within the society. The young man mentioned above is just as guilty of drug use as the first. However, the legalisation of alcohol has given him some amount of immunity from prosecution.

While consuming alcohol is quite lawful, driving under the influence of the said alcohol has never been acceptable. However, the inertia exhibited by our legislators in tabling this Bill has given one the impression that all was well and good.

Mothers in Black, a group that has been in the forefront of the fight to enact the requisite laws to make the roads a safe place, has been very visible in the fight, and must be nurturing a sense of satisfaction.

Even before the passage of this Bill legislators were twiddling their thumbs while errant drivers imbibed, drove their vehicles and slammed into innocent citizens going about their businesses. Most of these unfortunate victims perished and the few that lived to tell the tale do so in incapacitated or crippled states.

The slow court process has done nothing to instill confidence into the minds of victims or their families and many have been forced to abandon the prosecution process. The police have also blamed medical practitioners who fail to appear in court to testify against drunk drivers, the concomitant result being that these errant drivers are vindicated and re-enters society with the same mindset while families are left broken and disillusioned after losing breadwinners.

President Jagdeo recently revealed that of the 835 deaths caused by accidents, almost half of them were determined to be caused by persons driving under the influence (DUI). This is quite revealing and makes the passing of the Bill even more meaningful.

Now that the Bill has been passed, one wonders how the police officers are going to address its implementation. Yes, officials of the public relations department of the Guyana Police Force have been sensitizing the public, through the media, of its intention to implement the breathalyzer test, which we were told will be accepted as evidence in the court of law.

The police with their limited resources would be hard pressed to haul in those guilty of this infraction. However, the most practical strategy seems to suggest that they stake out the various night spots and nail the culprits as they leave for home, behind the wheel, of course.

The situation may not be so simplistic. With their limited resources it is highly unlikely that the police can rope in all of the guilty drivers. As a matter of fact while the law officers stake out a particular joint someone, someplace else, may be rolling out blind drunk.

This is a serious issue and while Commissioner Henry Greene may genuinely address the situation and while the police officers may vigilantly address their mandate, they may not be able to fully rope in the offenders. The net must be widened but how do you tell the barman at a dance to only sell two beers per person. This is highly impractical.

Citizens must recognize the misery caused by such irresponsible acts and vow to abide by the law. Friends must encourage their colleagues to hand over the keys to someone in control.

Members of the public must be more vigilant and promptly call the police once they witness such acts. The point is the police alone cannot do the job even with the passing of legislation.

I started with a recitation. I close with another. A police officer, anxious to eliminate the incidence of drunk driving positioned himself outside a bar one night. Around midnight a distinguished looking gentleman staggered outside, boarded his Mark 4 and zigzagged his way onto the highway. Certain he had his first victim the officer sped behind the car. Some three miles later he managed to overtake the driver and pulled him over, breathalyzer device in hand.

To his astonishment the driver appeared to be in full control of his faculties. The test confirmed this. Puzzled, the policeman queried of the driver why he had behaved the way he did. “Well, you see,” said the driver, “I am the decoy for the night.”

Rest assured that there will be those who instead of obeying the law will devise ways to break it. Maybe a gentle reminder would suffice. Drinking and driving is dangerous and is now against the law. They say if you must drink, consume an aerated beverage.

Now that legislation has been passed you can be persecuted. You just have to be drunk to drive drunk.