This article describes two fairly routine criminal cases in which the defendants are both charged with "driving under the influence of alcohol or drugs" (DUI). It shows what happens to the defendants, Shelly Rogers and Julian Daniels, from the time they are arrested until the day they are sentenced by the court. Readers will get a chance to review the police reports, and "listen in" on the interviews they have with their public defender and on the court proceedings they face. Because more than 90% of criminal cases end in plea bargains rather than going to trial , both of these defendants' cases end in plea bargains. The sentences each defendant receives, however, are very different, due in part to the fact that Rogers is a repeat offender whereas this offense is Daniels' first. It is also important to note that DUIs are handled differently in different courts and even sometimes in the same court depending on state and local rules, who is involved and the particular facts of the case.

Facts Leading to the Arrests of Julian Daniels and Shelly Rogers

That same evening, across town, as Julian Daniels drove home from Mick's Pub, he hit a tree in a residential neighborhood. A neighbor heard the crash and phoned the police. Officer Charles drove up a few minutes later, lights flashing. Daniels was standing in front of his car, surveying the damage, when Officer Charles approached him.

About the same time as Daniels hit the tree, Rogers rolled down her window after pulling over. She put her hands on the steering wheel and waited for the police officer to approach. When the officer approached the car, the officer smelled the characteristic odor of an alcoholic beverage on Rogers' breath. The officer asked for Rogers' driver's license, then asked her to step out of the car. Rogers politely complied with both requests.

After patting Rogers down, the officer asked where she'd come from and if she'd been drinking. Rogers politely replied that she'd like to answer but felt that she should not say anything before consulting a lawyer.

The officer then told Rogers she would need to take a couple of tests and that she didn't have a right to talk to her lawyer before taking them. The officer asked Rogers to recite the alphabet, to stand on one leg and to touch her finger to her nose. Rogers was successfully able to recite the alphabet but stumbled somewhat when she tried standing on one foot. The officer then shined a flashlight in Rogers' eyes and asked her to look left and right. The officer then gave Rogers a breath test with a PBA (portable breath analyzer). Rogers' BAC (blood alcohol content) measured .11 (beyond the legal limit of .08 for that state), so she was arrested for DUI, handcuffed and put in the back of the squad car. Neither Rogers nor the police officer said anything further.

Meanwhile, across town, Daniels was given the same field sobriety tests. Though Daniels passed all three, the officer still suspected DUI because Daniels had red, watery eyes and had hit a tree. Consequently, the officer arrested Daniels and brought him to the station for a blood test. Daniels' blood alcohol content measured .09, just above the legal limit of .08.

The Booking of Daniels and Rogers

Their respective booking records read in part as follows:

Suspect: Julian Daniels

Inventory: Brown leather wallet, containing identification, photos and $25; 4-door white Toyota Corolla (license _________) impounded.

Suspect: Shelly Rogers

Inventory: Black leather purse containing wallet (with credit card and driver's license, hair brush, nail file and $62; red Corvette (license _________) impounded.

Preparation of the Police Reports

The Preparation of the Criminal Complaint

Phone Calls and Bail

Both were allowed to make phone calls. Daniels reached his mother who came down and paid the $500. He left on bail and was given a summons to appear in court for an arraignment the following week. Rogers wasn't as successful. She was too embarrassed to call her parents, and none of the friends she phoned were home so she spent the night in jail.

Rogers Goes to Court for Her Arraignment

Rogers spent two hours in the courthouse lockup waiting for Judge Diana Benjamin to call her case. When the case was finally called, a bailiff led Rogers into the courtroom. Still handcuffed, Rogers stood before the judge and waited. Judge Benjamin was looking over some papers and talking with her clerk. Rogers stood waiting. She heard the judge ask her clerk for another cup of coffee, then look down and say, "Rogers?"

"That's me," Shelly Rogers replied.

Judge: "Do you have counsel?"

Rogers: "What?"

Judge: "Do you have a lawyer?"

Rogers: "No, your Honor."

Judge: "Do you want a lawyer?"

Rogers: "Yeah. I guess so."

Judge: "Have you been given a chance to call a lawyer?"

Rogers: "They let me make a phone call last night, but no one was home. Umm. But I don't think I have the money to hire a lawyer."

Judge: "Let's see. You can talk to the public defender if you want, and we'll see you back here this afternoon. Or you can plead now if you intend to plead guilty."

Rogers: "Yes, I'd like a public defender."

The judge called to her clerk, "Get somebody from the P.D.'s office down here." And to Shelly the judge said, "Okay, we'll get you a lawyer and see you back here later."

Rogers Gets a Public Defender

The bailiff returned her to the lockup. A few hours later, a young man approached her cell. "Shelly Rogers?"

"Yes," she said.

"I'm Andrew Duncan. I'm from the public defender's office. How are you?"

Rogers: "Tired, bored. Sick of this place."

PD: "Well, unfortunately, I don't think I can get you out today. I talked to the D.A. The D.A. said for a second offense, you gotta do 48 hours -- no way around it. But if you plead guilty this afternoon, then you can get out tomorrow with probation. You'll have to pay a fine and do another alcohol program. I see you did a three-month one last time you were arrested. But that's it."

Rogers: "Yeah. Listen, what if I want to fight it?"

PD: "Well. You could fight it, but it doesn't look good." He read from the reports, "Blood alcohol -- .11, failed field sobriety tests..."

Rogers: "I did the alphabet, didn't I?" Shelly interrupted.

PD: "Um. Yeah, but you couldn't stand on one foot, your eyes were bloodshot, they smelled some type of alcoholic beverage on your breath. Look, we can talk more in a little bit. I have to go back into court now to meet another client. Your case will be called after lunch. I'll come talk to you again before then. In the meantime, think it over. I'll tell you this much, if you go to trial and lose, on a second DUI a judge might give you a lot more than 48 hours in jail. You can get up to a year in jail, plus the probation, plus fines and an alcohol program. You might want to cut your losses."

Andrew Duncan left Shelly Rogers and ran back upstairs to court to meet with another client.

Rogers Considers a Plea Bargain Suggested by Her Public Defender

Duncan ran in, put his briefcase down, pulled out a file folder and leaned in to whisper to Shelly. "I was in another courtroom on another case and couldn't come talk to you. Sorry. I want you to know, though, I spoke to the D.A. If you do the 18-month alcohol rehab program and plead guilty now, they'll let you out tomorrow -- as soon as the 48 hours are done. You'll be on probation for three years. And you'll do some community service instead of the fines; they do that where people can't afford to pay them. Okay?

Rogers: "Yeah. I guess that's the best I can do."

PD: "Well, you do risk a lot more if you fight and lose."

Rogers: "Okay."

The Court Takes Rogers' Guilty Plea Under the Plea Bargain

"Alright people, we're back on the record, let's go," the judge called as she sat down at the bench. "What's next?" she asked her clerk.

Clk: "Rogers is back -- continued from this morning."

Okay, Ms. Rogers. Let's see, you now have counsel," said the judge.

Rogers: "Yes."

Judge: "And how do you now plead to the charges of second offense driving under the influence?"

"Say 'guilty,'" Andrew Duncan whispered to Rogers.

"Guilty," Rogers said.

Judge: "Counsel, have you reached a settlement?"

D.A.: "Yes, your Honor; 18-month program, 3 years probation, $500 fine which we'll convert to community service hours (because the defendant is indigent), plus 48 hours -- if she pleads guilty now."

Judge: "Ms. Rogers, do you know that by pleading guilty you lose the right to a jury trial?

Rogers: "Yes."

Judge: "Do you give up that right?"

Rogers: "Yes."

Judge: "Do you understand what giving up that right means?"

Rogers: "Yes."

Judge: "Do you know that you are waiving the right to cross-examine your accusers?

Rogers: "Yes."

Judge: "Do you know that you are waiving your privilege against self-incrimination?

Rogers: "Is that the Fifth Amendment?"

Judge: Yes.

Rogers: "Yes."

Judge: "Did anyone force you into accepting this settlement?"

Rogers: "No."

Judge: "Are you pleading guilty because you in fact were driving under the influence?"

Rogers: "Yes."

The Judge Sentences Rogers as Prescribed in the Plea Bargain

Rogers: "Yes, your Honor."

Judge: "Bailiff, take her back to lockup." To Shelly the judge said, "You may go home tomorrow. Counsel will explain the paperwork you have to complete. I don't want to see you back here, Ms. Rogers. I hope you take the alcohol program more seriously this time around."

When Shelly was released the next day, she was given a packet of information from the public defender's office. It included the name and phone number of her probation officer and a list of the court-approved treatment programs.

Free on Bail, Daniels Meets His Public Defender Before the Arraignment and Discusses a Possible Plea Bargain

PD: "Hi. Daniels, right?"

Daniels: "Yes."

PD: "My name is Andrew Duncan, I'm your lawyer. I spoke with you on the phone a few days ago?"

Daniels: "Yes. Yes, thank you."

PD: "You've never been arrested before, right?"

Daniels: "No, never."

PD: "What happened? Says here you hit a tree?"

Daniels: "Yeah. I was looking down to get a new tape, and next thing I knew I'd plowed into this tree."

PD: "Okay, you were .09.... I think I can get you a decent deal, probably three years probation, three-month alcohol program and some community service if you plead today."

Daniels: "Look. I don't need an alcohol program. I had a couple of beers with my girlfriend. That's it. I'm not an alcoholic. What's community service? Is that picking up trash like those guys in orange vests I see out on the roadway?"

PD: "Well, that's one kind of community service, yes. But, we could arrange for you to work in a library or school, or some volunteer program like that."

Daniels: "How many hours of community service are we talking?"

PD: "They said 200 hours."

Daniels: "I can't do that. I'm in school full-time and I have a job. Man, I don't want this on my record; I'm applying to grad schools. You know that cop didn't even read me my rights."

PD: "Did the cop question you?"

Daniels: "Not really. I mean he asked if could say the alphabet and touch my nose, and told me to stand on one foot. Then he put me in the car."

PD: "Well, technically, they don't have to read you your rights unless they question you."

Daniels: "Oh?"

PD: "Yup. Listen, your girlfriend was with you the whole time at the bar?"

Daniels: "Yeah."

PD: "She can testify that you only had, how many beers?"

Daniels: "Two. Two beers. She was with me the whole time. That's all I had."

PD: "And you're in college where?"

Daniels: "State University. I'm graduating this spring."

PD: "Okay, let me talk to the D.A. There's pretty much no way to get around doing an alcohol program on a DUI -- even a first-timer. Our only chance is if she reduces the charge to reckless driving. Come into the courtroom with me, but you sit in the back and wait. Your case will be called in the next hour or two."

Daniels: "Do your best, Mr. Duncan," Daniels called. "Thanks."

PD: "Sure."

Daniels' Lawyer Proposes a Plea Bargain to the Prosecutor

"Yeah," she replied quietly, putting a folder in front of her mouth so the judge wouldn't see she was talking.

PD: "I gotta talk to you about the Daniels case, set for this afternoon. Your case."

O'Larky: "I'm listening."

PD: "Have you looked at it? .09 -- just over the limit, no priors, good kid -- finishing college this spring, wants to go to grad school. What can we do here?"

O'Larky: "You know my boss. No forgiveness on DUIs. He spoke at a MADD (Mothers Against Drunk Driving) conference last week. My hands are tied."

PD: "Look, make an exception here. He's a nice kid. He was just looking down to change a tape and hit a tree. Dumb luck. No one was hurt. Knock it down to reckless. It's bad enough this is going to go on his record -- he's clean. He passed all the FSTs, says right here on the police report."

Just then the judge called "State v. Molly Patricks." The D.A. jumped up and whispered, "That's my case, Duncan. Hang on. I'll think about it and get back to you."

"I'm waiting right here," Duncan replied, and the D.A. went up before the judge to handle a different case. Ten minutes later she was back.

O'Larky: "All right, Duncan. But only for you. Reckless. Two years probation, 150 hours community service -- best offer. And he pleads today, or no deal."

PD: "Thanks, Larky. I'll talk to him. Sounds good." Andrew Duncan quietly slipped out and went to the back of the courtroom to find Daniels. He told Daniels the deal the prosecutor had offered, and Daniels agreed to plead.

Daniels Pleads No Contest