Actor, Playwright Sam Shepard Arrested for DUI
The DUI Process is the Same for Celebrities
Jan 4, 2009
Mr. Shepard was stopped for speeding, allegedly traveling 46 mph in a 30 mph zone. The stop took place in Normal, IL, the home of Illinois State University. Mr. Shepard’s fame comes from both acting and writing. He was nominated for an Oscar for portraying test pilot Chuck Yeager in “The Right Stuff” and has appeared in movies such as “The Notebook” and “Blackhawk Down”. Sheppard won a Pulitzer Prize in 1979 for his play “Buried Child”.
Arrest Process for Celebrities Same as For Ordinary People
When making traffic stops in the early hours of the morning, police are particularly alert for evidence that the driver may be impaired by alcohol. These initial cues include an odor of alcohol, slurred speech and bloodshot or glassy eyes. Additional cues can include difficulty for the driver in locating a driver’s license or car insurance or evidence of impaired driving such as weaving down the road or ignoring traffic control signals.
Reports of Shepard’s arrest to date include only the speeding charge. Typically, as speeding is common among drivers who are not impaired, a speeding charge, unless the speed is extreme is not considered evidence of impairment.
DUI Clues Lead to Additional Investigation
An officer observing several of the above clues may request the driver to take a series of standardized field sobriety tests (SFST). The typical SFST’s include: finger to nose, one leg stand and walk and turn. Additionally the driver may be requested to take a Portable Breath Test (PBT).
In Illinois a driver suspected of driving under the influence has no legal obligation to participate in SFST’s or the PBT. The driver has a right to decline these tests. The officer may still arrest someone who has not done the tests, but there is less evidence of driving under the influence (DUI) at a trial when the tests have not been done.
Further Testing at the Police Station
Once under arrest, the suspect is transported to the police station for booking and potentially further testing. This testing can include the chemical testing of the suspect’s blood, breath or urine.
Prior to testing Illinois law requires the officer to advise the suspect of the consequences of taking the tests. These consequences are related to an individual’s driving privileges. Driving privileges in Illinois are subject to suspension for periods ranging from 6 months to 3 years for a person properly arrested for DUI who either takes the chemical test and fails or refuses the testing.
Shepard Likely Facing Driver’s License Suspension
The legal limit for driving in Illinois is a Blood Alcohol Content of .08. A first time offender registering .08 or greater receives a license suspension of 6 months 46 days after the testing and notice of an impending Statutory Summary Suspension. Mr. Shepard reportedly took a breath test with a result reportedly .175, more than twice the limit. From that standpoint, his driving privileges are likely to be suspended for six months beginning February 16, 2009.
Mr. Shepard is subject to a new Illinois law effective January 1, 2009 relating to relief from a Statutory Summary Suspension. On the 31st day of the suspension a driver may operate a vehicle with a Monitoring Device Driving Permit (MDDP) issued by the Illinois Secretary of State. The MDDP requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in any car driven by the suspended driver. The BAIID prevents a vehicle from starting if the breath alcohol of the driver exceeds .05.
Shepard’s Possible Penalties
Mr. Shepard is innocent until proven guilty, but if he were to be found guilty or plea guilty he is subject to the penalties of a Class A Misdemeanor. These penalties range from court supervision with alcohol counseling to up to 364 days in jail and a fine of up to $2,500.
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