From the Portsmouth Herald

DUI checkpoints bully innocent drivers
June 23 — To the Editor:

(Open letter response to the Portsmouth Police STEP coordinator regarding DWI checkpoint survey.)

After I was stopped for about 20 minutes at a DUI checkpoint in Portsmouth on June 12, I was handed a postcard survey to comment on my opinions and experience. Instead of returning the survey to the Portsmouth Police, I decided to respond to the survey though this letter to the editor.

I was stopped at the DUI checkpoint on Market Street in Portsmouth. When I first approached the road block, having just passed under the Sarah Mildred Long Bridge, I thought there was a large accident, but within a few seconds and as I got closer, I could see it was a DUI checkpoint. I was stopped and asked if I had consumed any alcohol that evening and when I replied "yes," I was asked to step out of my car and I was led over to the sidewalk.

There were huge lights illuminating the area and at least 30 police cars from many different police agencies parked there, including a giant red, police truck/trailer. I was the only person being tested at the time and there were about five or six police officers flanking me on either side, within a few feet of me, as well as the one officer about two feet in front of me, insisting that I follow his every direction — to the word.

The officer asked me to perform all of the tests that most of us are aware of: close your eyes and touch the bridge of your nose with your index finger; walk nine paces heel to toe and count off the steps; follow a pen with your eyes being waved side to side about 12 inches in front of your face only with your eyes, without turning your head; balance on one leg while holding the other leg outstretched for 30 seconds; count 1 to 30, one-one-thousand, two-one-thousand. All of this under the glare of huge floodlights with at least 50 police officers standing around and at least five standing right next to me, staring at me. At one point I was told "I am going to invade your private space now" after which the officer stood nose to nose with me and asked me to breathe on him.

I was asked at least twice where I had been drinking, as if the establishment that had served me was somehow negligent by doing so, and we have all read lately how Margarita's has been targeted by the Exeter police; as if I appeared intoxicated enough that a bartender should have refused me drinks.

I told the officer that was barking directions in my face as if I was in boot camp, that this scenario was quite intimidating and that I was nervous and that was affecting my test performance; he dismissed my comments and acted like I was making excuses for being drunk. In fact, at the end of 15 minutes or so of testing as described above, I was told that I was showing signs of being impaired and asked if I would submit to a breath test. I asked what my options were and was told that if I refused I would be arrested for driving under the influence of alcohol.

After being told that, I agreed to take the breath test and I was told to blow into the breath analyzer as if I was blowing up a balloon, I did, my blood alcohol level was .01. Yes, that's right, .01, about what it would have been had I recently rinsed with mouth wash, yet had I not agreed to take the breath test I would have been arrested for DUI.

Portsmouth Police STEP coordinator: I agree that drunken drivers should be kept off our roads, but I don't think the roadside DUI checkpoint tests for impairment, with the exception of the breath test, are very accurate, nor do I think all of the police officers are good judges of impairment, based on my experience.

I suggest a breath test to start with, that would do the job faster, be equally as effective and much less imposing and inconvenient for responsible drivers, and city patrons like myself, and less expensive too. If six of your officers, with giant floodlights and all of their training, can be so inaccurate in assessing my level of impairment, I don't think that a single, busy, distracted bartender, in a dimly lit bar, should be expected to do better.

Fred Levine
Exeter


You tell 'em, Fred.