Pa. Drinker Back on the Road, with Conditions August 20, 2004
News Summary
Keith Emerich, the Lebanon, Pa., man who lost his driver's license after telling his doctor he drinks 10 beers a day, is being allowed to drive again -- as long as he installs a blood-alcohol measuring device in his car, the Philadelphia Inquirer reported Aug. 18."Just think of the stigma that's going to put on me, blowing into some tube just to start your car," said Emerich, 44. "This is how I'm being treated, like some common criminal. And all I did was go to the doctor."
Emerich had his license suspended by the Pennsylvania Department of Transportation (PennDot), after he went to Good Samaritan Hospital in Lebanon for an irregular heartbeat. When a physician inquired about his alcohol use, Emerich reported drinking six to 10 beers day. The doctor told Emerich that the alcohol was damaging his heart.
Two months later, Emerich received a letter notifying him that his license was being revoked based on the doctor's judgment that he has a drinking problem. Under Pennsylvania law, physicians are required to report drivers with medical conditions that could be potentially dangerous. Alcohol misuse is on the list of dangerous medical conditions.
Lebanon County Judge Bradford Charles supported PennDot's action and ordered Emrich to install the ignition interlock device, a breath test for alcohol that must register below 0.025 percent for the car will start.
"If Emerich's alcohol addiction had progressed to the point where he could not stop drinking even though it was killing him, how could we reasonably expect Emerich to forgo alcohol simply to ensure safe driving?" wrote Charles in his ruling.
"We're happy that it gives him a chance to drive, but the ruling doesn't answer the ultimate question: Why isn't he able to drive when he hasn't done anything wrong?" said lawyer Horace Ehrgood.
Emerich is responsible for the device's $1,000 cost. "I'm tapped out. I don't know what to do. I can't afford to keep this lawyer I have. I've already tapped into my 401(k) for all this," said Emerich. "But I guess it's do what they say or walk for a while."
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