That's a hell of a way to celebrate the 37th anniversary of one of the most famous home runs in Red Sox history. On Monday, at 7:20 pm, New Lenox police found Carlton Fisk asleep at the wheel of his Ford F-150 in the middle of a cornfield, with a flat tire and bottle of vodka in the cab, reports TMZ.
Needless to say, he was arrested and charged with DUI.
Though the officers did attempt to administer a blood alcohol test, Fisk refused. He was arrested and charged with misdemeanor DUI anyway, plus lane use violations and illegal transportation of alcohol.
In Illinois, a first misdemeanor DUI conviction is punishable by a minimum one-year loss of driving privileges, possible imprisonment of up to a year, and a maximum fine of $2,500. If Fisk had a clean record up until now, however, it's unlikely he'll get jail time.
Under Illinois' Implied Consent Law, a driver reasonably suspected of driving under the influence is required to submit to a breath, blood, or urine test. Somehow, we think being passed out behind the wheel in the middle of the Field of Dreams counts, especially when there's an open container in the cab of the truck.
A refusal guarantees an automatic one year license suspension, though a restricted license is available after thirty days. Assuming the officers didn't do a forced blood draw, that might make convicting Fisk of the underlying DUI difficult, as the only evidence of impairment is the officer's observations, Fisk's fatigue, and the bottle in the cab. That's pretty persuasive, but possibly not enough to prove guilt beyond a reasonable doubt.
- Consult a Chicago DUI Defense Attorney (FindLaw)
- Implied Consent: Should You Choose Blood or Breath? (FindLaw's Chicago DUI Blog)
- U.S. Supreme Court Could Ban Forced Blood Draws (FindLaw's Chicago DUI Blog)