Baker Guilty, Serves Five Day Sentence for DUI
By Austin Danforth
Almost four weeks after colliding with a vehicle on an Interstate 66 entrance ramp while driving under the influence of alcohol, former Alexandria chief of police David P. Baker pled guilty to the DUI charges Friday morning in Arlington District Court.
With the guilty plea, Baker
agreed to spend five days in jail, a mandatory sentence because of the 0.19
blood alcohol level he recorded more than two hours after the accident. He must
also enroll in an alcohol abuse awareness program, pay a $300 fine and have his
license suspended in Virginia for 12 months.
"I offer no excuses
for my bad decisions and behavior because there are none," Baker said in a
written statement Friday. "And I am, and will be, forever haunted by the
personal embarrassment and humiliation I caused to those who have supported,
mentored and guided me through my personal life and long and rewarding public
safety career."
James Clark, Baker's
attorney, said Tuesday that his client's choice to plead guilty for the DUI was
more about showing character than trying to win at the case.
"He didn't want to
attempt to hide behind a technicality," Clark said. "In his mind, I
think it was as simple as, 'I did something wrong, I know I did something wrong
… it's not about whether the government can prove I did something wrong because
in my heart I know I did and I need to accept the penalty.'
"My sense is that he's
a very straightforward, very moral, very disciplined guy and I think it was
very important to him, through his actions surrounding this case, to set the
same example he's tried to set during his career," Clark said.
Baker's career spanned 21
years as a police officer in Washington and another 19 years in the Alexandria
Police Department, including the last three years spent as chief of police. He
chose to resign on July 28, three days after his DUI arrest.
"Part of his decision,
in my opinion, revolved around letting people know that there's a consequence
if you do something wrong, no matter who you are," Clark added.
The full extent of Baker's
sentence included a 180-day jail term, with 175 days suspended, and a $1,500
fine, $1,200 of which was also suspended.
Theo Stamos, Arlington's
prosecutor, said the suspended portions of the sentence are meant to ensure the
convicted person abides by their sentence and are enforced if that person fails
to uphold any portion of the judge's orders.
Baker began his five-day
jail term at about 3 p.m. on Friday, according to the Arlington County
Sheriff's Office, and was released just after midnight on Wednesday morning. He
is required to pay the fine and other court costs within 15 days of his
conviction.
Baker, because of his
notoriety and previous position as Alexandria's police chief, was considered a
"high-profile inmate and security risk" during his stint in the
Arlington jail, Arlington Sheriff Beth Arthur said.
Jail staff limited Baker's
contact with other inmates during his five days by keeping him in the
protective custody portion of the facility often used for police officers or
other notable, high-risk prisoners.
"It's a very common
practice," Arthur said. "There's a balance between treating him like
everyone else and recognizing" the risks that come with his extensive
history as a police officer.
An additional, tentative
court date was set for September in case Baker does not enroll in the county's
Alcohol Safety Action Program.
The ASAP program for DUI
offenders will cost Baker $300. Once a counselor evaluates Baker, he will be
placed in either the education program or the treatment program, an ASAP
counselor said.
Upon completion of the
alcohol awareness course Baker could be recommended for a restricted license
that would grant him limited driving privileges in Virginia before his 12 month
suspension is complete. His license suspension in Virginia began Friday.
It usually takes 10 weeks
or more before a DUI offender could be eligible for a restricted license,
according to an Arlington ASAP counselor. Because his blood alcohol content was
above 0.15, that restricted license would require Baker to install a device on
his vehicle that prevents the car from starting if he is not alcohol-free.
As a Maryland resident with
a Maryland license, only Baker's Virginia driving privileges have been affected
so far.
According to Melanie Stokes
of the Virginia Department of Motor Vehicles, a weekly report of convictions
committed by regular out-of-state drivers is sent to all of the applicable
states and includes DUI convictions as well as other traffic violations.
Through Monday, Maryland's
Motor Vehicle Association had not received word of Baker's DUI conviction,
according to MVA spokesperson Buell Young.
While Baker's recorded BAC
of 0.19 was above the state's tested average of 0.14 for drivers that had been
drinking, as a male he was in the majority of the state's DUI caseload.
According to the DMV, men committed nearly 80 percent of Virginia DUIs last
year.
Although Baker was on
vacation at the time of the accident, he was driving a city-owned Ford Explorer
when he collided with a Ford Escape trying to merge onto the I-66 entrance ramp
from North Fairfax Drive in Arlington.
As of Tuesday, Clark said
he was unaware of the other driver in the July 25 accident pursuing a civil
suit but that things were being handled between the appropriate insurance
companies.