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.

After patting Rogers down, the officer asked where she'd come from and if she'd been drinking. Rogers politely replied that she'd like to answer but felt that she should not say anything before consulting a lawyer.

The officer then told Rogers she would need to take a couple of tests and that she didn't have a right to talk to her lawyer before taking them. The officer asked Rogers to recite the alphabet, to stand on one leg and to touch her finger to her nose. Rogers was successfully able to recite the alphabet but stumbled somewhat when she tried standing on one foot. The officer then shined a flashlight in Rogers' eyes and asked her to look left and right. The officer then gave Rogers a breath test with a PBA (portable breath analyzer). Rogers' BAC (blood alcohol content) measured .11 (beyond the legal limit of .08 for that state), so she was arrested for DUI, handcuffed and put in the back of the squad car. Neither Rogers nor the police officer said anything further.

Meanwhile, across town, Daniels was given the same field sobriety tests. Though Daniels passed all three, the officer still suspected DUI because Daniels had red, watery eyes and had hit a tree. Consequently, the officer arrested Daniels and brought him to the station for a blood test. Daniels' blood alcohol content measured .09, just above the legal limit of .08.