Chicago DUI lawyer on why it is okay for there to be "not guilty" findings for DUI's

Former Chicago Bears quarterback Bob Avellini was acquitted after his third DUI arrest. 

What makes this story of interest is not what happened in the courtroom, but what some folks think about the acquittal.

Bob Avellini Acquittal

dw on May 6, 2009 4:30 PM

So the real lesson here is that it's OK to drive drunk; just refuse the field-sobriety test and the prosecution doesn't have a case.

Bill on May 6, 2009 5:02 PM

What's that expression again? Ah, yes - the rich are different from you and me. (And it obviously doesn't hurt to have once been a professional athlete, either.)

LK on May 6, 2009 8:58 PM

The judge could have inferred from Avellini's refusal to take a sobriety test that he was drinking. These judges are gutless.

You can read the other comments yourself , but I think these three comments are representative of the comments in response to the Avellini's acquittal. So why is it okay for there to be a "not guilty" in a DUI?  The answer is simple, but I think many well-meaning people, like those who wrote the comments above, forget that this country has a democracy and one of the best systems of law in the world.  That does not mean that it is perfect, but here in America, if you cannot prove someone's guilt beyond a reasonable doubt, that person will be found not guilty.   As Benjamin Franklin said, "That it is better one hundred guilty persons should escape than that one innocent person should suffer." 

It doesn't necessarily have anything to do with being rich or famous, but it is the foundation of this country. Just a reminder: right now there has been a lot of attention paid by Americans to what we perceive as the lack of fairness in the Roxana Saberi case in Iran.  If what the police officer says is all that is necessary to be found guilty of a DUI, then we don't need judges or prosecutors, or defense attorneys. Once the police officer completes his arrest the defendant goes directly to jail.  Is that what you think an American democracy is about?