http://www.sacbee.com/100/story/44416.html
Musselman could face range of penalties
A few 'stiff' drinks can top legal limit
By Melody Gutierrez - Bee Staff Writer
Last Updated 6:35 am PDT Tuesday, October 24, 2006
While Kings coach Eric Musselman deals with the scrutiny of his weekend arrest on suspicion of drunken driving, legal experts say his future could include a gamut of penalties if he is convicted as a first-time offender.
Experts also say that with Musselman's 5-foot-7, 150-pound frame, he would have had to consume two or three "stiff" cocktails to have failed the two Breathalyzer tests the California Highway Patrol administered after pulling him over in Sacramento about 2:15 a.m. Saturday.
Musselman had a blood alcohol level of 0.11 percent, according to an arrest report filed at the Sacramento County jail.
The legal limit in California is 0.08 percent.
"That's one or two drinks over," said Ronald Jackson, president of the California DUI Lawyers Association. "One of the problems with this is the Legislature has attacked DUIs by increasing the penalties. That doesn't work. My view is we need better education."
Jackson said most people don't know the difference between feeling drunk and being over the legal limit, and generally drive because they say they don't feel drunk.
"Out of 100 calls I get on this, the first thing I hear from 80 of them is 'Mr. Jackson, I wasn't drunk,' " said Jackson, whose office is in Ventura. "They don't think in terms of 0.08. They say they aren't drunk."
The CHP and other organizations have charts to measure a person's blood alcohol level by calculating body weight with the number of drinks over the course of two hours.
A person weighing less than 150 pounds who consumes three drinks will likely be over the legal limit, according to the CHP chart.
"I've got doctors, police officers and a judge in my file cabinet," said Larry Pilgrim, a Sacramento lawyer who specializes in DUI cases. "We all do it. We all have a few drinks and drive."
Driving while over the legal limit carries a range of penalties that varies among counties.
Pilgrim said the minimum sentence for a first-time offender includes: three years' probation, two days in a work-release program, $1,900 in fines, participation in a three-month DUI class, and suspension of the driver's license for 30 days, followed by four months on a provisional license that allows the person to drive only to work and the DUI class.
Charges in some DUI cases are reduced to reckless driving, which carry a lesser sentence, Pilgrim said. Reckless driving usually results in $900 in fines and 12 hours in a driving class, the lawyer said.
Musselman "may be a good candidate" for the lesser sentence of reckless driving, Pilgrim said. "That's what I would be working for."
Musselman addressed his arrest at a news conference Sunday, saying he was "sorry, embarrassed and ashamed." When reached on his cell phone Monday, Musselman said he could not comment, citing legal matters.
Paula Birdsong, executive director of California's Mothers Against Drunk Driving, said that she was glad Musselman apologized and that "the coach seems remorseful."
Birdsong added that the incident should remind the public not to drink and drive.
"Don't gamble," she said. "Take a cab. Or as we've been saying (in Musselman's case), take a limo."
About the writer: The Bee's Melody Gutierrez can be reached at (916) 326-5521 or mgutierrez@sacbee.com.
Musselman could face range of penalties
A few 'stiff' drinks can top legal limit
By Melody Gutierrez - Bee Staff Writer
Last Updated 6:35 am PDT Tuesday, October 24, 2006
While Kings coach Eric Musselman deals with the scrutiny of his weekend arrest on suspicion of drunken driving, legal experts say his future could include a gamut of penalties if he is convicted as a first-time offender.
Experts also say that with Musselman's 5-foot-7, 150-pound frame, he would have had to consume two or three "stiff" cocktails to have failed the two Breathalyzer tests the California Highway Patrol administered after pulling him over in Sacramento about 2:15 a.m. Saturday.
Musselman had a blood alcohol level of 0.11 percent, according to an arrest report filed at the Sacramento County jail.
The legal limit in California is 0.08 percent.
"That's one or two drinks over," said Ronald Jackson, president of the California DUI Lawyers Association. "One of the problems with this is the Legislature has attacked DUIs by increasing the penalties. That doesn't work. My view is we need better education."
Jackson said most people don't know the difference between feeling drunk and being over the legal limit, and generally drive because they say they don't feel drunk.
"Out of 100 calls I get on this, the first thing I hear from 80 of them is 'Mr. Jackson, I wasn't drunk,' " said Jackson, whose office is in Ventura. "They don't think in terms of 0.08. They say they aren't drunk."
The CHP and other organizations have charts to measure a person's blood alcohol level by calculating body weight with the number of drinks over the course of two hours.
A person weighing less than 150 pounds who consumes three drinks will likely be over the legal limit, according to the CHP chart.
"I've got doctors, police officers and a judge in my file cabinet," said Larry Pilgrim, a Sacramento lawyer who specializes in DUI cases. "We all do it. We all have a few drinks and drive."
Driving while over the legal limit carries a range of penalties that varies among counties.
Pilgrim said the minimum sentence for a first-time offender includes: three years' probation, two days in a work-release program, $1,900 in fines, participation in a three-month DUI class, and suspension of the driver's license for 30 days, followed by four months on a provisional license that allows the person to drive only to work and the DUI class.
Charges in some DUI cases are reduced to reckless driving, which carry a lesser sentence, Pilgrim said. Reckless driving usually results in $900 in fines and 12 hours in a driving class, the lawyer said.
Musselman "may be a good candidate" for the lesser sentence of reckless driving, Pilgrim said. "That's what I would be working for."
Musselman addressed his arrest at a news conference Sunday, saying he was "sorry, embarrassed and ashamed." When reached on his cell phone Monday, Musselman said he could not comment, citing legal matters.
Paula Birdsong, executive director of California's Mothers Against Drunk Driving, said that she was glad Musselman apologized and that "the coach seems remorseful."
Birdsong added that the incident should remind the public not to drink and drive.
"Don't gamble," she said. "Take a cab. Or as we've been saying (in Musselman's case), take a limo."
About the writer: The Bee's Melody Gutierrez can be reached at (916) 326-5521 or mgutierrez@sacbee.com.
