This article describes two fairly routine criminal cases in which the defendants are both charged with "driving under the influence of alcohol or drugs" (DUI). It shows what happens to the defendants, Shelly Rogers and Julian Daniels, from the time they are arrested until the day they are sentenced by the court. Readers will get a chance to review the police reports, and "listen in" on the interviews they have with their public defender and on the court proceedings they face. Because more than 90% of criminal cases end in plea bargains rather than going to trial , both of these defendants' cases end in plea bargains. The sentences each defendant receives, however, are very different, due in part to the fact that Rogers is a repeat offender whereas this offense is Daniels' first. It is also important to note that DUIs are handled differently in different courts and even sometimes in the same court depending on state and local rules, who is involved and the particular facts of the case.

That same evening, across town, as Julian Daniels drove home from Mick's Pub, he hit a tree in a residential neighborhood. A neighbor heard the crash and phoned the police. Officer Charles drove up a few minutes later, lights flashing. Daniels was standing in front of his car, surveying the damage, when Officer Charles approached him.

About the same time as Daniels hit the tree, Rogers rolled down her window after pulling over. She put her hands on the steering wheel and waited for the police officer to approach. When the officer approached the car, the officer smelled the characteristic odor of an alcoholic beverage on Rogers' breath. The officer asked for Rogers' driver's license, then asked her to step out of the car. Rogers politely complied with both requests.