Political fallout varies when lawmakers drink and drive

JEFFERSON CITY, Mo. -- The request to former state attorney general John Ashcroft from then-state senator Ralph Uthlaut Jr. was clear: Are Missouri lawmakers immune from arrest for drunken driving and other traffic violations?

Three decades ago, the answer was no -- a legal ruling that overturned a 1953 attorney general opinion that General Assembly members were "privileged from arrest except for cases of treason, felony or breach of the peace."

An archaic perk

Fast forward to the 21st century. As state Sen. Chuck Graham knows all too well, that archaic perk of office no longer applies. The Columbia Democrat and assistant minority floor leader was arrested Oct. 20 on suspicion of driving while intoxicated and causing an accident.

Graham's arrest -- and subsequent refusal to take a breath test -- has sent ripples through the local and statewide political chattering classes, fueling speculation about his future. A bizarre struggle between the arresting officer and an emergency room doctor over Graham's urine specimen only further fueled the intrigue.

When it comes to the political fallout faced by Missouri legislators who drink and drive, recent history is decidedly mixed.

In 1997, Rep. Mark Richardson, R-Poplar Bluff, was arrested for drunken driving and child endangerment because his young daughter was in the car. After initially vowing to keep his post as House minority floor leader, Richardson changed his mind -- or was pressured -- in a Republican caucus a day later and stepped down from that post.

Butler County voters were more forgiving. Richardson won re-election in 1998, collecting twice as many votes as his Democratic opponent, before leaving the House two years later due to term limits. He was promptly elected as a Circuit Court judge in Poplar Bluff, a position he continues to hold.

Former representative Tom Burcham, R-Farmington, had an altogether different experience after a pair of drunken-driving arrests over the course of five months in 2002. After his second arrest, Burcham went into rehab for three months at the Betty Ford Clinic in California, he said.

His political career was effectively over -- by his choice.

"Alcoholism ended my political career," said Burcham, who now practices law in his hometown. "A DWI can cripple a political career."

Public forgiveness

While emphasizing that he did not want to draw comparisons between his own problems with alcohol and Graham's arrest, Burcham said his experience taught him that the public is more forgiving when officials come clean.

"I'm not sure he wouldn't be better off to say he made a mistake and move on," Burcham said. "If he fights this in court and loses, it's only going to get worse."

Several days after his arrest, Graham issued a public apology. Before the week was out, he attended a previously scheduled fundraiser at Mizzou Arena on the University of Missouri-Columbia campus -- but canceled the cash bar. Graham then said he was committed to remaining sober.

In an interview, Graham said he was "humbled" by his arrest. He repeated earlier statements that he has no plans to leave office and hopes voters consider his complete body of work come the November 2008 election.

Graham said his decision to stop drinking was a "day-to-day" choice and not necessarily a lifelong abstinence vow.