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It took less than one drink to get Shannon Wilcutt busted for felony DUI

Continued from page 1

Published on March 20, 2008

It took nearly five months for DPS to return Wilcutt's drug screen. Turns out, she had taken just one hydrocodone, the prescribed dosage. Meanwhile, her blood test confirmed Wilcutt's protestations that she hadn't been swilling wine. Blood tests are significantly more accurate than portable breathalyzers like the one police initially used. Wilcutt's test put her blood alcohol content at 0.022 — way under the legal limit of 0.08.

Chandler Police Detective David Ramer tells me that didn't matter. A witness said she was driving badly. (Never mind that the witness also mistook water for wine. Makes you wonder about his powers of perception, doesn't it?) They also knew she'd been driving with a little kid in the car. And there was hydrocodone in her blood — the fact that it was legally prescribed doesn't matter if it affected her driving. Police are still convinced it did, Ramer says.

So police recommended three felony charges. The county attorney agreed.

Something weird happened in the process. Chandler Police had recommended that Shannon Wilcutt be charged with "being impaired to the slightest degree," a charge that allows cops to use discretion and charge someone with DUI, even if their blood alcohol content is as low as 0.02. But when the Maricopa County Attorney's Office indicted her, Wilcutt was instead charged with DUI above 0.08 — a ludicrous charge on its face, and one that prosecutors could never possibly prove in court. (The County Attorney's Office did not respond to requests for comment.)

Ultimately, though, the details didn't matter. In cases like these, it's still up to the accused to prove innocence, or face trial. And Shannon Wilcutt was never going to plead guilty to any charge of driving while impaired.

"I'm Italian-Irish," she says, describing her willingness to fight. "And I knew I wasn't guilty."

She had an added incentive. The Wilcutts were in the process of getting approval to adopt a pair of kids out of the foster care system. They worried that, even absent a conviction, the nature of the charges could derail their plan.

Last month, the county attorney dropped all charges. The part that still stings? The Wilcutts can never recoup the $12,000 they spent in legal fees, money they had to borrow money from friends and family.

"We essentially didn't have a Christmas because we were making payments to people," Bryan Wilcutt says.

The Wilcutts' adoption plans are moving forward. They're excited about adding to their family.

But it's hard to put the events of last year behind them.

"These were just bizarre circumstances that collided in one day to cause this," Bryan Wilcutt acknowledges. "But there are checkpoints that should make sure that a case like this doesn't go any further.

"When they saw the results of her blood and alcohol tests, this should have all gone away."


Your immediate reaction to that story is probably much like mine. Yes, it's scary, and it cost the Wilcutts plenty, but it was an aberration. The circumstances were bizarre. You and I have nothing to worry about.

Then I talked to Diana Sifford.

Sifford, 52, is a slim, attractive woman with a job in midlevel management at a local healthcare company. She was at first nervous about telling her story; she knows people immediately jump to conclusions, and she's not sure she wants to put herself out there. Plus, she's passionately opposed to drunk driving — she wants to make that clear.

Her story, though, is just as frightening as Shannon Wilcutt's.

Sifford was driving home from a George Thorogood concert last October. It was the first time she'd gone out in months; she'd had back surgery five weeks before and was taking time to heal up. The concert was fun, but by midnight, she was looking forward to bed.

Sifford was just a mile from her house when she noticed a car stopped by police, and she slowed down to rubberneck. "I have two boys in their early 20s," she explains. "Every time I see a cop car, or an accident, I automatically think of my boys."

But she passed too close to the parked car. That was her one mistake. The next thing Sifford knew, she was charged with DUI, driving under the influence of drugs, unsafe passing of an emergency vehicle, and failure to drive in a single lane.

She'd had only one glass of wine. She'd been the designated driver.

The crazy thing is that police knew that when they charged her. The breathalyzer put her blood alcohol content at 0.03, well below the 0.08 legal limit.

But the Scottsdale police were convinced Sifford was on drugs. Without evidence, the officer kept hassling her about whether or not she'd used cocaine at the concert, Sifford says. And when Sifford volunteered that she'd taken a Vicodin earlier in the day because she was still suffering the effects of surgery, they surely thought they had her. That's where the "driving under the influence of drugs" charge came from.

A urine test, performed by officers that night, revealed not even a trace amount of Vicodin. She'd taken the pill so many hours earlier that it had passed out of her system entirely. And, of course, there was no coke in her blood, either.

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