DAPHNE, Ala. — Daphne police arrest records show officers took 11 people into custody on DUI, drug and related charges over a nine-day stretch from Oct. 1 through Oct. 9, according to the department’s latest list of DUI and drug arrests. Five of the arrests were for driving under the influence, including one in which the driver is accused of being impaired by a controlled substance rather than alcohol.
The remaining cases involved possession of marijuana, possession of drug paraphernalia, attempting to elude a law enforcement officer and public intoxication. One person also had an outstanding warrant.
As the department noted in releasing the list, all of those arrested are innocent until proven guilty in a court of law. An arrest is an accusation, not a conviction, and the charges listed below may be changed, reduced or dismissed as the cases proceed.
The Daphne DUI and drug arrests, Oct. 1–9
Police released the following names, dates, times and charges.
Thursday, Oct. 1
- Rhonda Tennille Hall, 2:17 a.m. — driving under the influence (alcohol)
- Edward Kyle Wescovich, 2:51 a.m. — possession of marijuana, second degree
- Dominique Olajuwon Thomas, 4:42 a.m. — possession of marijuana, second degree; outstanding warrant
Friday, Oct. 2
- Kenneth Scott Dundas, 11:05 a.m. — possession of drug paraphernalia
- Dylan Charles White, 8:45 p.m. — driving under the influence (alcohol)
- Kamden Zavier Haycox, 11:13 p.m. — attempting to elude a law enforcement officer
Saturday, Oct. 3
- Okbay Berhe Waldehaymanot, noon — driving under the influence (controlled substance)
- Kimberly Dawn Paige, 8:11 p.m. — driving under the influence (alcohol)
Thursday, Oct. 8
- Christopher Logan Shiver, 11:42 a.m. — driving under the influence (alcohol)
Friday, Oct. 9
- Robert Lang Miles, 9:55 a.m. — public intoxication
- Jerry Lee Thomaston, 5:33 p.m. — possession of drug paraphernalia
Police did not release ages, hometowns or the locations of the arrests, and did not describe the circumstances of individual cases.
A closer look at the numbers
The list breaks down this way:
- 5 DUI arrests: four involving alcohol and one involving a controlled substance
- 2 arrests for second-degree marijuana possession
- 2 arrests for possession of drug paraphernalia
- 1 arrest for attempting to elude a law enforcement officer
- 1 arrest for public intoxication
- 1 outstanding warrant served alongside a drug charge
The arrests were spread across the day. Three came in the early-morning hours of Oct. 1, between 2:17 a.m. and 4:42 a.m. Others happened in mid-morning, around midday and in the evening. Two of the five DUI arrests were made before noon, a reminder that impaired-driving enforcement is not limited to late nights and weekends.
No arrests appear on the list for Oct. 4 through Oct. 7. Police did not say why.
What the charges mean under Alabama law
The charges on the list range from a low-level violation to offenses that can carry jail time, fines and the loss of a driver’s license. Here is a general look at how Alabama law treats each one. The specific penalty in any case depends on the facts, the person’s record and the outcome in court.
Driving under the influence
Alabama’s DUI law makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, a controlled substance or any substance that impairs a person’s ability to drive safely. For most adult drivers, a blood alcohol concentration of 0.08% or higher is enough on its own to support a DUI charge. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21.
A DUI charge involving a controlled substance, like the one police listed in the Oct. 3 arrest of Okbay Berhe Waldehaymanot, does not depend on a breath test number. Instead, prosecutors must show that the substance impaired the driver. Those cases often rely on officers’ observations, field sobriety tests and blood or urine testing.
A first DUI conviction in Alabama is a misdemeanor that can bring up to a year in jail, a fine and a suspension of the driver’s license, along with required DUI school. Penalties increase for repeat offenses, and a fourth DUI conviction within 10 years is a felony. Alabama also has an implied consent law, which means drivers who refuse a chemical test after a lawful DUI arrest can lose their license administratively.
Possession of marijuana, second degree
Under Alabama Code Section 13A-12-214, a person commits second-degree possession of marijuana by possessing marijuana for personal use only. It is a Class A misdemeanor, the most serious level of misdemeanor in Alabama, punishable by up to a year in jail. Alabama has not legalized recreational marijuana. The state’s medical cannabis program is tightly limited and does not allow smokable products, so possessing marijuana for personal use remains a crime.
Possession of drug paraphernalia
Alabama law makes it a crime to possess items used or intended to be used to grow, prepare, store, inject, inhale or otherwise use a controlled substance. Pipes, scales and similar items can fall under the law depending on how they are used. Possession of drug paraphernalia is generally a Class A misdemeanor.
Attempting to elude a law enforcement officer
Alabama Code Section 13A-10-52 makes it a crime to intentionally flee from an officer who is trying to make an arrest, or to flee or try to elude an officer in a vehicle after being given a signal to stop. The base offense is a Class A misdemeanor. The law makes it a felony if the flight causes a collision with another vehicle or a pedestrian, causes injury, crosses a state line, involves speeds more than 20 mph over the limit, or results in serious injury or death. A conviction also brings a driver’s license suspension of six months to two years. Police did not say whether the Oct. 2 arrest of Kamden Zavier Haycox involved a vehicle or a foot chase.
Public intoxication
Public intoxication is the least serious charge on the list. It generally applies to someone who appears in a public place under the influence of alcohol or another substance to the point of endangering themselves or others, or of annoying others through boisterous or offensive conduct. In Alabama it is classified as a violation, a lower level of offense than a misdemeanor.
Outstanding warrants
When officers encounter someone with an outstanding warrant, they are generally required to take the person into custody on that warrant, regardless of what brought them into contact with police. Police did not say what the warrant served on Dominique Olajuwon Thomas involved or which agency issued it.
Where the cases go from here
Misdemeanor cases made by Daphne officers are generally handled in Daphne Municipal Court. In September, the city opened a new municipal courtroom at the Daphne Justice Center Annex, the final phase of a renovation of the city’s public safety campus that totaled a little over $9 million. The courtroom is more than 4,100 square feet and connects directly to the city jail through a secured hallway. Municipal Court Judge Warren Harbison said at the time that the court had spent a year and a half moving between city hall, the civic center and other borrowed spaces.
People charged with misdemeanors have the right to an attorney and to contest the charges. In Alabama, a defendant convicted in municipal court can appeal to circuit court for a new trial. Many DUI and minor drug cases are resolved through plea agreements, while others are dismissed or go to trial.
Why police publish arrest lists
Arrest records are generally public in Alabama, and many local departments release lists of DUI and drug arrests as a public information and deterrence measure. Publishing the names can remind drivers that officers are actively enforcing impaired-driving laws on city streets, including the busy U.S. 98 and Interstate 10 corridors that carry traffic through Daphne and across the Eastern Shore.
Being named on an arrest list does not mean a person has been found guilty of anything. Readers should keep in mind that a charge can later be dropped or reduced, or the person can be acquitted.
Plan ahead, and how to report impaired drivers
Impaired driving remains one of the leading causes of deadly crashes nationally. Safety officials urge anyone who has been drinking or using impairing substances to plan a sober ride, use a rideshare or taxi, or stay put.
- If you see a driver you believe is impaired, call 911 and give the location, direction of travel and a description of the vehicle. Do not try to follow or stop the vehicle yourself.
- Prescription and over-the-counter medications can also impair driving. Read warning labels and ask a pharmacist if you are unsure.
- For non-emergency questions about an arrest or case, contact the Daphne Police Department or the Daphne Municipal Court clerk.
All those arrested are presumed innocent unless and until they are proven guilty in court.
