Metro official awaits court date

Keith Paul

Friday, Dec. 29, 2000 | 10:52 a.m.

A Metro Police commander relieved of duty after a driving-under-the-influence arrest will have to serve at least two days in jail or do two days of community service if he is convicted of the charges.

Cmdr. Charles Davidaitis, 53, is scheduled to be arraigned Feb. 26 on misdemeanor counts of driving under the influence and leaving the scene of an accident, Deputy District Attorney Bruce Nelson said.

A summons was issued Thursday requiring Davidaitis to appear in court for the February arraignment, Nelson said.

"He will be treated the same as any other DUI defendant," Nelson said. "Most people plead guilty. They come in and see what their (blood-alcohol content) was and figure there is no reason to fight it. But there are others that take it to the mat."

If convicted of the DUI charge, Davidaitis faces a maximum of six months in jail and a $1,000 fine. But the minimum sentence for a first-time DUI conviction is at least two days in jail or two days of community service, Nelson said.

The maximum penalty for the leaving the scene of an accident charge is six months in jail, but there is no minimum sentence or required jail time.

Also those convicted of DUI with a blood-alcohol level of 0.18 or above must meet with an alcohol counselor, he said.

Two breath tests on Davidaitis recorded levels of 0.214 and 0.215 on the day of his arrest, the Metro Police arrest report says. Drivers are considered driving under the influence with a 0.10 blood-alcohol level in this state.

Neither Davidaitis nor his attorney could be reached for comment this morning.

Davidaitis is accused of smashing his 1999 Toyota Landcruiser into a light pole, a fire hydrant and a chain-link fence about 3 p.m. Nov. 26 on Annie Oakley Drive, then driving down the street to his house, the report said.

Davidaitis also tried to persuade his wife to take the blame for the accident, threatened to harm himself before police came to his house and made a hasty plan to flee to the airport, according to the report.

Davidaitis told Sheriff Jerry Keller days after his Nov. 26 arrest he would retire from Metro, ending his 22-year career with the department.

An internal affairs investigation most likely will not be completed by the time Davidaitis retires, meaning he will not face any punishment from the department.

Davidaitis was relieved of duty the day of his arrest and is on administrative leave with pay.