Drunk driving commercials and posters are all over the place to warn us about the dangers it causes. Too many lives have been taken by someone driving a car while intoxicated.
So why do we still arrest someone who knows they are too drunk to drive and decide instead to "sleep it off" in their parked car? Isn't that being responsible?
Former Ohio State football player Bradley Roby was charged with an OVI the other night. What exactly is an OVI? Operating a Vehicle Impaired means you can't operate any kind of vehicle (even a bicycle) while intoxicated. Some states take this charge very seriously, but I think we would all prefer Mr. Roby to be found sleeping in his car after a night of drinking one too many, rather than swerving on the road.
According to Mr. Roby's attorney, he passed two breath tests after cops found him sitting (possibly sleeping) in his parked car. So not only did he make the right choice by not driving, there is still a possibility that he wasn't even legally drunk in the state of Ohio.
OVI charges trump all, since you can still be arrested if you are "drunk" and behind the wheel of a parked car. Perhaps Mr. Roby should have "passed out" in the passenger seat or in the back of the car.
A defense attorney can attempt to have the results of breath and blood tests thrown out. Under certain circumstances they may be inadmissible. It takes a skilled, aggressive, dedicated attorney to get this task done.