Article from: www.thenewspaper.com/news/08/882.asp

1/6/2006

Minnesota Man Jailed for Driving While Intoxicated Was Not Driving
Fergus Falls, Minnesota school teacher jailed under DUI charges for drinking in his parked vehicle.

The harsh penalties designed to punish those who endanger other motorists by driving under the influence of alcohol have been applied to a Fergus Falls, Minnesota school teacher who wasn't endangering anyone. Derek John Abrahams, 33, was sentenced to fifteen days in prison and a $1000 fine after he accepted police charges that he was "driving while intoxicated" in his parked Chevy Blazer. A witness had called police to complain about his drinking in the stationary SUV.

Abrahams had emptied a six-pack of beer in his SUV and tested with a .085 blood alcohol level (BAC) -- just barely over the legal limit -- one-hour after his arrest. Some experts argue that because it takes time for alcohol to be absorbed into the bloodstream, one's BAC will rise over time. If so, Abrahams may not have actually been over the legal limit at the time he was sitting in his parked vehicle.

Source: Abrahams gets jail, fine for DWI (Fergus Falls Daily Journal (MN), 1/6/2006)

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