About Alcoholism - Alcoholism Information, Research and Treatment

The Law Frowns--and Smiles

ALBANY, N.Y.--The Court of Appeals had no sympathy for a Long Island driver who claimed he was too drunk to make an intelligent decision in taking an intoxication test.

Melvin Baker was arrested driving the wrong way on a major expressway. The Breathalyzer test showed he had an "astounding" 3.1% of alcohol content in his blood. Baker appealed to the state's highest court on grounds his rights were violated because he was too intoxicated to decide whether or not to take the test.

In a 7-0 decision, the Court of Appeals disagreed with Baker.