Know Your Rights: Alcohol

Interview with Blacksburg Police Captain Bruce Bradberry.

16B's: If an officer passes someone walking down the sidewalk with what appears to be an open container of alcohol, how does the officer respond?

Capt. B: It's up to the officer, drinking in public is against state law, carrying an open container is not. If the person appears to be under 21 then we can ask for ID.

16B's: What are some actions that would draw an officer's attention to someone who may be drunk in public?

Capt. B: Staggering, yelling, fighting, beating on stop signs or parking meters or other inanimate objects, throwing up, urinating, lying on the sidewalk. We see that every night. That's what happens, that's how people get arrested... There's 5000 kids downtown on Saturday night and 6 police officers. If you're a part of the quiet crowd walking home, then you won't get arrested.

16B's: What is the BAC level required to receive a drunk in public and what is the usual penalty?

Capt. B: No blood or breath test is required. It's based on an officer's experience. It's just if you appear to be intoxicated, with no blood test, no breath test, no nothing. You go to jail until you're sober, which is typically for the night and for your own protection. There's a fine, and it's a class IV misdemeanor. Most of what we deal with can be described as a college indiscretion, that is until you take a swing cop, then you 'll have a criminal history for the rest of your life.

16B's: On the road, what factors would cause an officer to be suspicious that a driver is intoxicated?

Capt. B: Any type of traffic violation. Looking drunk is a big indicator. If we pass them and they look drunk, or they are weaving or driving without lights on, that is also a sign. That goes for passengers that are yelling or screaming as well. Racing or any other kind of erratic driving would also be a red flag.

16B's: Do DUI rules apply to bicycles and mopeds?

Capt. B: No.

16B's: What constitutes a noise violation?

Capt. B: The town ordinance says you can't be audible 50 feet from the source, or disturbing other persons. So in an apartment separated by three feet, if someone complains, that's a violation too.

16B's: There seem to have been more noise violations this year than in others, is that a change in the law, or more enforcement of current policy?

Capt. B: Both. The law used to require a warning. We haven't been issuing warnings . We asked for the change, because if eight people live in a house, eight different people can accept warning, which makes for a big revolving door of warnings.

16B's: What is the typical penalty?

Capt. B: There is a fine, maybe some community service. The judge has some discretion.