Officials caution students on cost of DUI violations

By Elizabeth M. Behland

Law enforcement officials said students charged with driving under the influence of alcohol could face fines of $400 and attorneys’ fees.

Detective Bill Feithen of the DeKalb Police Department said in 1986, 25 percent of all DUI cases in DeKalb involved NIU students. The majority involve students aged 17 to 23, he said.

About 25 percent of DUI arrests were out-of-county residents, Feithen said. About half of the 25 percent were people visiting NIU students.

States Attorney Philip DiMarzio said about three-fourths of those charged with DUI’s are “first timers. It is a very expensive experience and there is a deterent effect,” he said.

According to court records, the student charged in 1987 had bail set at $1,000 and was required to pay 10 percent, which was $100.

DiMarzio said, “The driver is then given a court date and a notice of their ‘summary suspension,’ which tells the driver that driving privleges will be suspended starting on the 46th day following the arrest.”

Don Henderson, Students’ Legal Assistance director, said if it is proven the driver needs driving privileges reinstated to work or fulfill their sentence, he might be issued a judicial driving permit.

However, Henderson said, “The view of the local court is that using one’s car to attend class, if off campus, is not offered on the basis for a judicial driving permit.”

DiMarzio said, “Most first-time offenders plead guilty and are given court supervision, a fine and an order to follow through with the recommendation of an alcohol evaluation made prior to the sentencing. These may include attending driving school or more intense treatment.

“There is an emphasis on treatment as well as punishment,” he said.

Evaluations are based upon levels, the first being an occasional drinker, the second a severe drinker and the third level indicates a serious problem, DiMarzio said.

The 1987 case states the student was evaluated at level one and instructed to attend an alcohol and drug driver remedial program at a psychological services institution.

The student has been sentenced to 12 months court supervision along with the recommended program. The student also was subject to a fine of $200 plus court costs, according to court records.

Records also show in a 1985 case another NIU student charged with a DUI was sentenced to 12 months supervision and a fine of $450 plus court costs.

Feithen said, “I’m hearing attorney’s fees are $1,000 to $1,500 for a first-time offender not involved in an accident,” he said.

DiMarzio said four times as many people are losing their driving privleges now as were four years ago. “The number of suspensions (of driving privleges) is way up, over 400 percent from 1984,” he said.

“This is a reflection of changes in the law as well as aggressive prosecution and good police work,” he said.

Albert Ekstrom, University Police training assistant, said the officer first must have “just cause” to stop a vehicle.

The NIU student arrested and charged with DUI in 1987 was pulled over for going the wrong way on a one-way street, court records state.

Ekstrom said that once a vehicle is stopped, it is the officer’s responsibility to determine whether or not the driver is intoxicated usually by administering “field sobriety tests” or breathalizer tests. He said, “Generally, these tests are conducted to help the officer make the determination.”

“I would like to stress the real risk in driving under the influence that goes even beyond the fine and loss of privileges is the great potential for the loss of life,” DiMarzio said.

Feithen said, “DeKalb isn’t such a big town. I recommend if you are drinking to walk.”