AKRON, Ohio -- A South Euclid man who became the first person in Summit County to be found guilty of tampering with evidence for refusing to take a Breathalyzer test was sentenced to three years in prison in Summit County Court.

Summit County Common Pleas Court Judge Judith Hunter sentenced Vitaly Simin, 36, on the tampering as well as his sixth conviction on drunken driving.

His driver's license was also suspended for 10 years.

Summit County Prosecutor Sherri Bevan Walsh, author of the law that says drivers cannot refuse to submit to a Breathalyzer test, said the guilty verdict is a victory.

"The law is now clear that drunk drivers cannot refuse to take a breath test," she said in a news release. "It is mandatory, and the jury agreed that Mr. Simin broke that law and deserved prison time. Bottom line: It doesn't pay to refuse to cooperate. It will increase your sentence."

On March 21, 2009, Twinsburg police saw Simin's car swerving and riding the curb line of Interstate 480. When police pulled the car over and spoke with the driver, the officer smelled alcohol on his breath.

Simin failed the field sobriety test, but refused the Breathalyzer test and also refused to give a blood sample at the hospital.

A Cambridge man who holds patents on agents used in Sensodyne toothpaste said state Sen. Anthony Galluccio can brush his teeth all he wants -- it shouldn’t set off any court-issued breathalyzer tests he is required to take.

“Sorbitol is not going to show up,” he said. “The only one that will register is ethyl alcohol. Some physicians or medical doctors don’t know the chemistry.”

KSDK -- St. Louis Cardinals third baseman David Freese had a blood alcohol level nearly three times the legal limit when he was arrested over the weekend on suspicion of driving while intoxicated, according to a recently released police report.

Freese was stopped for a traffic violation at the intersection of Lindbergh and Page in Maryland Heights around 2:40 a.m. Saturday. He was given a field sobriety test and then arrested.

Freese told the officer he drank seven beers and was headed from downtown St. Louis to his Wildwood home.

His blood alcohol was 0.232. The legal driving limit is 0.08.

Freese, a graduate of Lafayette High School, is scheduled to appear in court on February 4, 2010. All Cardinal players are due to report to Spring Training in Jupiter, Florida on February 23.

This is the fourth drunk driving incident involving a member of the Cardinals organization since 2007.  Manager Tony LaRussa was arrested in Jupiter for DUI during Spring Training in 2007, Scott Spiezio was arrested and charged for a drunk driving accident in February 2008 in California.  And relief pitcher Josh Hancock died in April 2007 after slamming his SUV into a tow truck on Interstate 64.

AP - The daughter of Sen. John Kerry has been arrested in Hollywood for allegedly driving drunk.

Los Angeles police say 36-year-old Alexandra Kerry was stopped by officers on a Hollywood street at about 12:40 a.m. Thursday and failed a sobriety test.

Officer Bruce Borihanh says she was booked at the Hollywood police station and was held for about five hours. She was released at about 5:30 a.m. after posting $5,000 bail.

Borihanh didn't immediately have other details.

Alexandra Kerry is the eldest daughter of the Massachusetts senator, the Democrats' 2004 presidential nominee.

She has produced documentaries and has had several small acting roles.

Requests for comment from Alexandra Kerry's agent and John Kerry's office were not immediately returned.

The federal justice minister is considering a new law that would allow police to conduct random breathalyzer tests on drivers, regardless of whether they suspect motorists have been drinking.

Justice Minister Rob Nicholson raised the prospect recently at a meeting of Mothers Against Drunk Driving, according to MADD chief executive Andrew Murie.

If random testing were to be adopted, it would be a major change to Canada's 40-year-old breathalyzer legislation, which stipulates that police may only administer a test if they suspect a driver has been drinking.

In June, a House of Commons parliamentary committee recommended changing the legislation to allow for random testing, arguing it is an effective deterrent.

The change would also bring Canada in line with a number of other countries in Europe and countries like Australia, which have adopted similar measures.

Murie said its biggest selling point is that it improves road safety, with drunk driving fatalities dropping 36 per cent in Australia after legislation was introduced, and 23 per cent in Ireland when it made the change.

September 1st not only marks the first day of a new month, but the first day some new Louisiana laws take effect. One in particular affects motorists who choose to drink and drive.

Starting Monday, anyone who refuses to take a breathalyzer test may lose their license for a year.

That penalty is now doubled from the previous law, where motorists who refused would only lose their license for six months.

TV10 would like to know if you agree with the new breathalyzer law, to let us know participate in our online poll.  

A DUI checkpoint in Chula Vista, California, has resulted in 33 citations and 25 vehicle impounds according to local police. 

The checkpoint was in place from 6PM to 2AM Monday on the Eastlake Parkway. The checkpoint was part of the national DUI crackdown, "Over the Limit. Under Arrest." This national effort has granted funds through state departments of traffic safety for increased enforcement of DUI and vehicle-safety violations surrounding the Labor Day holiday.

Law enforcement agencies will significantly increase DUI enforcement in Contra Costa County starting Friday and continuing through the Labor Day weekend, the sheriff's office said.

In the 18 days between Aug. 21 and Sept. 7, county police agencies will conduct saturation patrols and enforce outstanding DUI warrants. Four sobriety checkpoints will be held at the following locations and times: Aug. 28 and Sept. 6 in Pittsburg; Aug. 29 in Martinez; and Sept. 4 in El Cerrito.

Latest data indicates that 1,029 people died in alcohol-involved collisions in California in 2008, a 9 percent decrease from the previous year.

"That's good, but the number of deaths is unacceptable," said sheriff's spokesman Jimmy Lee. "People have to take responsibility because this is totally preventable."

Read the full story.

Beginning this school year, students at Shawnee Mission high schools will be subject to Breathalyzer tests if a district police officer has probable cause to suspect alcohol use.

The new policy, approved last month by the Shawnee Mission USD 512 Board of Education, allows any district police officer at the district’s four high schools with probable cause to administer a Breathalyzer test to students during school or school-sponsored events.

The policy was first brought to the board at the July 13 meeting for a first read-through.

Superintendent Gene Johnson said the policy had been a topic of discussion among high school principals and administration for many years.

Alcohol impairs your judgement. Plan ahead. Don’t drink and drive.

Saying Goodbye Once Is Hard Enough

It’s a printed coffee table with legs in wheelchair.

At first the writing seems to be in Russian but if you look in the mirror it says “real men don’t drink and drive.”

When you drink your reaction time slows down.