Depending on the state, legislators are often exempt from arrest on their way to the capitol for official state business. The idea behind these laws is simple: to protect the nature of the democratic process. If legislators are arrested on their way to the ca
pitol for an important or controversial vote, that police power could be abused. In light of this fact, a number of states have legislation at least partially exempting legislators from arrest in these circumstances. Driving under the influence, however, is not generally perceived to be the type of crime these statutes for which these statutes are intended to apply. They are enacted to prevent arbitrary arrest, especially for political reasons. For example, if a governor from one party was angered over an upcoming legislative vote in which the opposing party was expected to prevail on a contentious point, he could dispatch the state troopers to arrest prominent members of the party while they were en route to the capitol.
In Colorado, legislators have apparently given themselves special leeway when it comes to driving under the influence. The Denver Police Manual outlines specific procedures for dealing with legislators who are on the way to the capitol: they should be arrested only for felonies or committing treason. However, if they are stopped for driving under the influence, the procedure is outlined specifically:
In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop. For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked.
Some commentators have complained on the basis that the law gives legislators preferential treatment.
If you have been arrested for DUI, contact the Tampa DUI attorneys at Musca Law.
