Welfare check turns into DUI

[Chippewa10]

What is the name of your state? Florida

 

[PayrollHRGuy]

What is the name of your state? Florida

And a question would be helpful.

 

[quincy]

Welfare checks are generally to check on someone in their home. How did a driving under the influence (DUI) charge result?

 

[Chippewa10]

I was out with friends two blocks from my house. I sent a text to an old friend in Another state 2000 miles away, who I haven't seen in a very long time since moving to Florida. Quote " Hey man, if I don't see you again, you were my best friend". He knows me well, but took this as some kind of suicidal message and called police in my area to do a welfare check in me. I came home to the gated community I live in , where 2 police cars were waiting for me. I got out of my vehicle, they asked my name, they got passed the welfare check and it turned into a DUI arrest, spent night in jail, now facing serious charges.

 

[Just Blue]

I was out with friends two blocks from my house. I sent a text to an old friend in Another state 2000 miles away, who I haven't seen in a very long time since moving to Florida. Quote " Hey man, if I don't see you again, you were my best friend". He knows me well, but took this as some kind of suicidal message and called police in my area to do a welfare check in me. I came home to the gated community I live in , where 2 police cars were waiting for me. I got out of my vehicle, they asked my name, they got passed the welfare check and it turned into a DUI arrest, spent night in jail, now facing serious charges.

Sending someone that message, out of the blue, does sound suicidal. What was your BAC? What is the exact charges you are facing? Do you have an attorney?

 

[Mass_Shyster]

Police perform several functions, including community caretaking and law enforcement.

Responding to a welfare check is a community caretaking function. Society wants the police to protect the public, and that's exactly what whey were doing when they went to your gated community looking for you. It appears that, during their interaction with you, they realized that you were under the influence and had been driving.

You need an attorney to determine if they exceeded the scope of their community caretaking function and turned the encounter into a law enforcement function prematurely, and if that determination is made, file appropriate motions with the court.

 

[FlyingRon]

You need a lawyer. There appears to be nothing wrong with what happened here on the part of the police. First, off the "welfare check" is more than enough reason for them to investigate. Also, if you have parked somewhere, then they can approach and question you without even needing a reason (this is called a consensual stop). If they have probable cause to believe you are intoxicated (and have had control fo the vehicle), then they can indeed arrest you.

 

[Chippewa10]

I have texted with him recently, even 2 days ago before this happened. Just not seen him in along time. He had no reason to think that. I blew .16 This is my third DUI offense. Last time was 15 years ago, first time was 24 years ago. Currently talking with potential attorneys.

 

[PayrollHRGuy]

Currently talking with potential attorneys.

And those attorneys are the only people you need to be talking to.

 

[Just Blue]

I have texted with him recently, even 2 days ago before this happened. Just not seen him in along time. He had no reason to think that. I blew .16 This is my third DUI offense. Last time was 15 years ago, first time was 24 years ago. Currently talking with potential attorneys.

If I got that message from a friend I would be VERY concerned. You're friend did the right thing...you, on the other hand, were driving while falling down drunk. You need to get help for your long term alcohol addiction.

 

[quincy]

 

[NeilTheCop]

A common welfare check for the police is when someone is found asleep at the wheel of a parked car with the engine still running.
Very often it led to a DUI arrest.

 

[CdwJava]

Most of a law enforcement officer's job is community caretaking. Some analysts say that as much as 90% of what we deal with are NOT crime-related events, but involve assorted aspects of community caretaking. Welfare checks, public assistance, mediation of disputes, traffic control, medical aids, etc., make up the majority of calls for many agencies, NOT calls related to possible criminal activity.

As others have stated, there seems to be nothing untoward on the part of the officers. In fact, it is quite possible that your inebriation was what caused you to send such a message to your friend that could, quite reasonably, have given a friend cause to consider your safety. At .16 you are very fortunate that you did not harm yourself or someone else. Since this is not the first time (and likely there have been many, many instances of DUI where you have not been caught), perhaps it is time for you to consider some serious introspection on your life choices before you kill someone as a result of your impairment.

 

[Zigner]

Honestly, I don't even see any question posed by the OP. The OP staggered out of his car in front of (at least) two police officers. They could have been there for any reason and the result would have been the same.

 

[not2cleverRed]

Honestly, I don't even see any question posed by the OP. The OP staggered out of his car in front of (at least) two police officers. They could have been there for any reason and the result would have been the same.

I believe Chip believes that police sent out on a welfare check should limit the scope of their activity to be exclusively a welfare check.

Perhaps Chip will clarify...