The results of the Sheriff's Office web site poll for the period of September 12th to September 19th are in. In this poll, the question was: "Should a person arrested for an alcohol offense (BWI, DWI, Public Intoxication) be allowed to bond out of jail when they are still legally over the limit of alcohol to drive?".
There were 607 votes cast in this poll. The results were:
Yes - Yes, they should be able to bond anytime. 100 votes or 16.5%
No - No, they should be below the legal limit to bond. 507 votes of 83.5%
Currently, state law only permits persons arrested and jailed for the offense of Boating While Intoxicated to be held in custody until their blood alcohol content has fallen below .08%, which is the statutory per se limit for operating a motor vehicle. The law does not permit persons arrested for Driving While Intoxicated, Driving Under the Influence, or Public Intoxication, for example, to be held in custody for any minimum period of time or until the person's blood alcohol content has fallen below a certain level.
We appreciate the public response to this poll and will be working with our local legislators in regards to this issue.
/s/ John F. Montgomery,
Baxter County Sheriff