DUI Charges Viral Video: Are the Police Justified?

This video shows a bus driver’s reaction after police informed her of her DUI charges. The bus driver had taken and failed multiple field sobriety tests, including pupil dilation tests and speech and memory tests. However, the internet argued that her speech impediment led to false accusations against her.

Now, the police are asking her to come down to the police station and take a urine test. Are they within their rights to make that request? According to the law, they are justified in doing so.

What is Federal Law Regarding Drug Testing for School Bus Drivers?

According to federal law, all commercial motor vehicle drivers, including school bus drivers, may be subject to drug and alcohol testing as follows:

• Pre-Employment: Drivers must receive a negative drug test before earning a commercial driver’s license.
• Reasonable Suspicion: A supervisor or district official may request a drug test if they suspect the driver is guilty of DUI charges. They may notice signs of intoxication based on the driver’s appearance, behavior, speech, or body odors. The supervisor must witness and note their observations to qualify their request.
• Random Testing: Some school districts and commercial bus companies may randomly drug test their drivers. However, people continue to debate random testing, which remains upheld only when safety is exceptionally critical.
• Post Accident: Bus drivers must undergo an alcohol test 8 hours after an accident and a drug test 32 hours after an accident if the accident involved a fatality or an injury and vehicular damage and the driver received a citation.

In this video, the situation qualifies as reasonable suspicion. The driver faced DUI charges after a mother observed her questionable driving behavior and dialed 911.

What are DUI Charges for School Bus Drivers?

The laws and punishments regarding DUI charges for school bus drivers vary from state to state. However, they tend to be more extreme than DUI charges for other drivers.

For instance, California convicts drivers of DUI if their blood alcohol concentration (BAC) reaches .08%. However, they convict commercial drivers with a BAC as low as .04%.

School bus drivers may face additional charges because they are responsible for caring for minors. If convicted of DUI charges while having a minor under the age of 14 in the vehicle, they may face extended jail time.

They can also face accusations of child endangerment, which could potentially elevate a misdemeanor charge to a felony charge.

Can the Driver Refuse to Take a Drug Test?

The driver can refuse to take a drug test, but she would lose her driver’s license and, considering the circumstances, probably also lose her job.

Furthermore, there are cases when the police will force a drug test. They can get a warrant quickly if they have probable cause to believe someone is under the influence. They can then go as far as to strap the person to a gurney and forcibly draw blood from them.

However, the woman in the video seems prepared to take her drug test.

What if the DUI Charges are Dismissed?

If the court dismisses the charges, the bus driver will not face charges and may return to work. However, if the court dismisses the case without prejudice, the driver is no longer formally accused of the crime, but the case can reopen. A dismissal without prejudice is typically due to legal or procedural errors, violations of the defendant’s right, improper conduct by the prosecution, or if the judge decides the venue is incorrect for the case.

If the court dismisses the case with prejudice, it cannot be refiled and remains permanently dismissed.