It’s a question we all ask at some point, how many drinks is one too many?  I know for a guy about my size with my metabolism, I can have about two or three pints in two hours and still be under .08 BAC, especially if I have a decent meal along with the hops.

On the other hand, Donald Wolfe should probably have had at least two or three fewer drinks before he tried to resuscitate a dead possum the other night.  Several witnesses reported seeing Donald kneeling on the side of the highway about 60 miles north of Pittsburgh.  No folks, I’m not kidding here.  Do a broader search on Google if you doubt the veracity of this one.

There was some confusion about the nature of his actions before police arrived; one witness reported that Donald was performing a séance, another said he was giving mouth to mouth.  What isn’t difficult to find out, is whether the 55 year old Wolfe had one too many.  He was arrested and charged with public drunkenness.

Being on the side of the highway had me wondering about how Donald got there though. One hopes he wasn’t driving, with a DUI obviously being a much more serious charge.  Under Washington DUI law, even first time offenders are looking at mandatory jail, a mandatory license suspension, having to obtain an alcohol evaluation and follow any treatment recommendations.  First time offenders are also required to have an ignition interlock device installed into their cars for at least a year.

Given that he wasn’t charged with a DUI, it makes me think that Donald has some really crappy friends.  According to some reports, he had been drinking with several of them at a nearby watering hole and was apparently getting a ride home from one of them.

Who lets a drunken friend get out of the car on a highway and perform mouth to mouth on a dead rodent?   If I was Donald that would be one of the first things I mention to my lawyer.  You do the responsible thing and turn over your keys, and your friends still manage to let you get arrested.  At a minimum, the friend could have made sure that the marsupial was move off the highway before allowing his buddy to perform CPR.

If there was an allegation of drunk driving, these kinds of cases present an interesting defense.  Who could actually testify that they say Donald driving drunk?  It presents what we call an interesting corpus issue.  By the way, you ever find yourself in need of a good Seattle DUI attorney, might we recommend the Law Offices of Jason S. Newcombe.  His WA State DUI attorneys have over 25 years of combined experience in successfully resolving drunk driving cases.