On December 11, 2006, the reality superstar Nicole Richie had a hard dose of “reality” thrown at her.  She was arrested and booked for DUI (Driving under the Influence). Under California Law Statute Section 23152 (a), “it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a motor vehicle.”  To be found guilty, the state of California must prove the person drove a vehicle, and at the time, the driver was under the influence. This means that his or her physical or mental abilities are impaired enough that he or she does not have the ability to drive a vehicle with the same cautious ability and safety of a sober person.  If found guilty, there is no defense available that there was some other cause which also tended to impair his or her ability to drive with the required caution. The law is very straightforward.  If you are driving a car and you are under the influence, you will be charged with D.U.I. and arrested. Talk about SIMPLE!

How did it all go down?

After receiving phone calls from drivers on State Route 134 in Burbank, California about a wrong way driver, police responded to the calls and discovered Nicole Richie driving her Mercedes SUV in the wrong direction of traffic.  After she was pulled over on suspicion of D.U.I., she was given a field sobriety test.  She had admitted to the police of using marijuana and Vicodin before she was pulled over.  Nicole Richie failed her field sobriety test and was arrested.  Back in 2004, Nicole Richie had a prior D.U.I. and this meant if found guilty on this recent DUI charge, the judge had to impose mandatory jail time.  In addition to a prison term, California DUI law requires a one-year license suspension and a year-and-a-half of alcohol education for two-time DUI offenders. 

Fast-forward one year after the incident, Nicole Richie was sentenced to 4 days in jail, instead of the 5-day minimum mandated by California Law.  After entering the jail to serve her arguably lenient jail term, she was released after just serving 82 minutes.  The Sheriff Department explained that Nicole Richie “was released early due to overcrowding in the jail system. This is standard procedure for nonviolent offenders.”  After her luck in jail, Nicole Richie immediately signed up for an 18-month SB 38 anti-drinking driver education program, just in case her release was a mistake! The punishment did not fit the crime but as you will see, she got lucky. I am not sure you or I would be so lucky.  

What do I take away from this?

If you are under the age of 21, do not drink. Do not drink and drive.  Do not do drugs.    Do not take drugs and drive.  Without getting into the details or foundations of Criminal Procedure Law, law enforcement officers have great discretion in the area of traffic, especially with alcohol and drugs.  Probable cause and reasonable suspicion are relatively easy to come by.  Nicole Richie is a celebrity; you and I are not.  We do not have the fame and celebrity status.  Nicole Richie slipped by with a slap on the wrist, but the majority of society would not be so lucky. 

What many people do not understand is that many states have specific laws for those under 21 and D.U.I.’s.   The younger you are, the fewer leniencies you will receive with such a serious charge. Why risk your future driving privileges and most importantly, your life over a ride back home.  If you drink, arrange a way to get back home, whether it is a taxi or a sober friend.  If no friends are around or you have no money for a taxi, call your parents.  Many parents would rather see a mature decision in calling them as opposed to the dangerous and immature decision of driving under the influence.  A couple of days of parent’s anger and distress are better than permanent injury or death. There are no excuses for drinking and driving.