Montgomery County Sheriff Threatens Legal Action Over DUI Center Closings

Yesterday, Montgomery County Sheriff John Durante threatened legal action against Montgomery County to prevent the closing of five DUI processing centers. In a sharply worded letter addressed to County Commissioners James R. Matthews, Joseph M. Hoeffel, and Bruce L. Castor Jr., Sheriff Durante warned, "This is an issue of public safety and I will be acting on behalf of local law enforcement agencies and all our law-abiding citizens and our families who have lost loved ones as a result of drunken drivers."

County officials stated that financial hardship was the reason behind the proposal to close the DUI centers in Bridgeport, Towamencin, Willow Grove, Lower Pottsgrove, and Lower Gwynedd. Estimates made by Montgomery County officials indicate that by closing the five DUI processing locations, the county would save approximately $300,000 annually.

The DUI processing locations work by having local and state police drop off drunk driving suspects at the centers following traffic stops. Once at the DUI centers, sheriff's deputies administer field sobriety tests and breath tests, while also filling out necessary paperwork, allowing the arresting officer to return to patrol. Additionally, the centers are all monitored by videotape, so the results of the field sobriety and chemical testing are all captured on tape which can later be used in court, which often strengthens the prosecution's case.

Sheriff Durante maintains, despite claims to the contrary, that the DUI processing locations pay for themselves. Court costs paid by drunk driving offenders include a $150 processing charge, which is supposed to go directly to the DUI processing centers. Additionally, the deputy training, as well as the DUI processing center's equipment, was provided free to Montgomery County by the state of Pennsylvania.

The purpose behind these centralized testing centers is to save time for law enforcement officers so that they do not have to remain with the DUI suspects while the DUI investigative tests are being conducted. This allows the officers to get back on patrol immediately. Sheriff Durante explained, "In our more rural communities, you take one or two officers off the streets and you have no one out there patrolling. The alternative is just as bad, letting a drunk driver go." Ultimately, by eliminating these DUI processing centers, Durante and fellow law enforcement officers anticipate a large drop in the number of DUI arrests which will be made in the future. Sergeant Jeff Gower of the Franconia police department supported Durante's contentions, stating, "We're going to lose time. It's going to take longer to get guys back on the street."

In response to Sheriff Durante's letter, county officials voiced their surprise at his fervent reaction, stating, "No formal action has happened. He acts as though we're turning the drunks loose in Montgomery County. Nothing could be further from the truth." Solicitor Barry Miller emphasized that, despite Sheriff Durante's claims to the extreme usefulness of the DUI testing centers, it is important to determine whether these testing centers are utilized enough to make them financially responsible. Miller stated that oftentimes, municipal police departments take suspected DUI offenders to the hospital for blood-alcohol testing, not to the designated centers. Additionally, many of the centers are not open 24 hours a day, seven days a week, which limits the access local police officers have to these centers and their testing equipment.

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