U.S. Rep. Kevin Brady arrested in South Dakota for DUI

While he stopped short of admitting guilt, Brady said he would accept "every consequence" of his actions, even if that meant a jail sentence.

"To me, regardless of how this turns out, what it says is that you don't get behind the wheel," he said. "I take full responsibility for my actions."

Clay County State's Attorney Tami Bern indicated it was unlikely the fifth-term representative would spend any time in jail. DUI is a Class One misdemeanor in South Dakota, punishable by a maximum jail term of one year and a $1,000 fine. But she said the standard sentence in similar situations is a fine of $350 (court costs are an additional $53) and having your South Dakota driving privileges revoked for 30 days.

"We ask that everyone get the same situation," Bern said. "The standard sentence does not deviate."

Brady, who holds the leadership post of majority deputy whip in the 109th Congress, was in Vermillion, S.D., to receive an Alumni Achievement Award from the University of South Dakota, where he graduated with a Bachelor of Science degree. After the awards dinner Friday, Brady was pulled over by a state trooper for a problem with the taillights on his vehicle, according to South Dakota Highway Patrol Col. Dan Mosteller.

"He (Brady) was stopped for an equipment violation," Mosteller said. "There was no evidence of erratic behavior (by the driver) of the vehicle."

Brady confirmed he was given a field sobriety test and submitted to a Breathalyzer test administered by Trooper Brent Mohrmann. According to the trooper's arrest report, he commenced his investigation after smelling alcohol on Brady.

"Based on the observations at the time following the tests, he (Mohrmann) formed an opinion and arrested him," said Mosteller, who said the arrest was made at 11:44 p.m. Friday.

Once arraigned at the Clay County Sheriff's Office, Brady was asked to submit to a blood alcohol content test. He refused, according to Mosteller. Bern said a portable breath test is not considered scientifically reliable enough to be used as evidence in court. A driver is presumed automatically under the influence if the blood alcohol content is 0.08 or greater, she said.

"That's why we ask for a blood test," Bern said.

South Dakota law requires drivers charged with a third DUI to submit to a blood alcohol test.

Brady's attorney in South Dakota is Lee McCahren, who did not return phone calls Tuesday. Bern said McCahren has not given any indication whether he intends to plead out the charge or contest it in court. Brady's case has been scheduled in court for Nov. 8 at 9:30 a.m., she said.

During a brief telephone interview, Brady said he had been drinking after the awards dinner with some friends at "one of the old college hangouts." He was on his way back to the hotel with his wife, mother, a sister and her husband in the car when he was stopped.

Because it was homecoming weekend at the university, law enforcement officers were on the lookout for drunk drivers, according to Clay County Sheriff Andy Howe. Brady said he was "glad" that the officers were doing their job.

"That night, I never imagined I was anywhere even close to the legal limit," he said. "But the fact is, getting behind the wheel, even if you think you're fine is never a wise decision. I have to hold myself to a higher standard. Law enforcement ought to be doing the sobriety tests to discourage people from driving."

Brady declined to comment on what impact his arrest could have on his political future. A member of the Ways and Means Committee, Brady also serves on the Joint Economic Committee and House Policy Committee, as well as the Social Security and the Trade subcommittees.

Most recently the point man in the White House's passage of the Central American Free Trade Agreement, Brady will be up for re-election in November 2006.

Reaction to Brady's arrest was typically along bipartisan lines. Texas Democratic Party Chairman Charles Soechting said it was "deeply troubling" to see Brady do something as "reckless and irresponsible as driving drunk" at a time when "the people of this country have lost so much respect for elected officials."

Although Soechting did not comment on whether this would help Democrats uproot Brady out of the 8th Congressional District, a party official said Brady's arrest "isn't about elections, but about character of our leadership. People have to decide that for themselves."

Texas Republican Party Chairwoman Tina J. Benkiser said Brady enjoys the support of his district and "will no doubt draw upon that support this time." She said it was "too early to know anything" regarding how the incident would affect Brady's career.

While no one from the U.S. House Ethics Committee would comment on Brady's arrest, a person familiar with the process said incidents of this nature are usually handled by the voters and not by the committee.

Closer to home, Montgomery County Assistant District Attorney Mike Valdez, who is running for County Court-at-Law #3 judge, said his fellow Republican was a "straight shooter" who will accept any responsibility that needs to be taken. When told Brady announced he was willing to take his medicine, Valdez, a big supporter of the "Shattered Lives" program, said that proves the "kind of guy" Brady is.

"That's what the Shattered Lives teaches, accepting the consequences of our actions," Valdez said. "I don't think this will impede him. The reputation that he has and the work that he's done remain unchanged with this outcome."

Howard Roden can be reached at hroden@mail.hcnonline.net.