BYU DB arrested DUI

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TheAKAggie
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Re: BYU DB arrested DUI

Post by TheAKAggie » June 21st, 2019, 9:47 pm

LKGates wrote:
oleblu111 wrote:
June 21st, 2019, 9:57 am
Smokin Joe wrote:
June 20th, 2019, 8:01 pm
AndroidAggie wrote:
June 20th, 2019, 6:10 pm
so it wasn't 2 drinks... but how many would it take to get that limit in how much time?
Depends on his body weight. One beer, 1 oz of hard liquor or 4 oz of wine will raise the BAC of a 160 lb male .02. So, at .147, if he weighed 165 lbs, he'd have 7+ drinks in his system. It's a ratio of alcohol to blood volume, which in turn is a function of body weight. If he is 200 lbs., you can re-crunch the numbers. Elimination via metabolism is roughly .02 per hour also (varies a little based on the person, range is .175 to .02 elimination per hour).
It also depends on the alcohol content of the beer was it 3.2% or 16%, 1 oz of hard liquor was it 40 proof or 90, the alcohol content of wine is also different. The .05 in Utah is the lowest in the nation for DUI.

Is there Uber or taxi service in Logan after midnight ?
Now throw in the allelic variation of the liver enzymes that metabolize ethanol. Everyone metabolizes at a slightly different rate. Bottom line: A-impossible to know exactly how much he drank. B-in general terms, he drank quite a bit.

And he could be completely accurate that it was just two drinks. Of course, they were served in Big Gulp cups...
Jungle Juice in a solo cup is equivalent to at least three servings of alcohol, probably more like 4 or 5.


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Re: BYU DB arrested DUI

Post by StanfordAggie » June 21st, 2019, 10:14 pm

Mr. Sneelock wrote:
June 21st, 2019, 8:23 pm
sneed wrote:
Mr. Sneelock wrote:
ViAggie wrote:
Murkymerk wrote:
June 20th, 2019, 5:40 pm
This lists him as a WR, but I’m pretty sure he’s a DB.
BTW the correct answer is NEVER two drinks, it's "Sorry officer, but I will need to speak with my Attorney first before answering any questions, all my information is on my DL" because if you get pulled over for DUI (you are an idiot) you have a 99.999999% chance of going to jail regardless of what lie you want to tell. So respectfully decline breathalyzer, sobriety tests, and just hold out your wrists and say "lets go officer."
The first part of this comment is correct. Don't say anything. The second part, however, is exactly 100% the wrong thing to do. Do not ever refuse (or decline) the breathalyzer, at least in Utah. I guarantee you won't like the consequences.

Disclaimer: Yes, I am a lawyer, but my comment isn't legal advice. (Even though it is correct).

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The highway patrol officer who taught my defensive driving class last week would agree - but he is a cop. Can I trust him?... He actually was a very reasonable one.
It is an automatic 18 month suspension of your license even if you are ultimately not charged or are acquitted of DUI. For repeat offenders it is 3 years. By obtaining and using a Utah Driver License, you have automatically consented to a breathalyzer. You are much better off taking the test and trying to challenge the admissibility of the test results.

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I am not a lawyer, but a quick Google search indicates that in Utah, taking a breathalyzer test is mandatory only if you have been arrested for DUI. And the officer has to warn you about the consequences of refusing the test. So if you are being arrested, then yes, you need to take the test or your license will be suspended for 18 months. However, if you are not under arrest, you can (and should) refuse to take a breathalyzer test. For example, if you are stopped at DUI checkpoint where they are stopping everyone (or stopping random cars without any particular probable cause), you have nothing to gain by taking a breathalyzer. Even if you haven't been drinking, you could end up being arrested for a false positive. In that situation, you should refuse to answer any questions or perform any kind of test (either field sobriety test or chemical test). Even if you are pulled over for some other offense, my understanding is that you do not need to take a breathalyzer unless you are actually arrested for DUI. (I could be wrong about that, though.)

In North Carolina, the implied consent law says that you consent to chemical testing, but not necessarily a breathalyzer. I have been advised to never take a breathalyzer test in North Carolina under any circumstances because it is so unreliable. Even if you are arrested for DUI, you should tell the officer that you will not consent to a breathalyzer but you will consent to a blood test at the station. A quick Google search indicates that the officer is allowed to choose the test that is performed in Utah. You can request to take a blood test rather than a breathalyzer, but the officer does not have to honor that request. If you are forced to take a breathalyzer, I would go to a hospital or some other facility and demand to have a blood test performed as soon as possible after being released from custody, since blood test results are much more accurate.

I am not a lawyer and none of this is legal advice. If anyone who knows more than I do about Utah DUI law wants to correct anything that I said in this post, please do so.



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Re: BYU DB arrested DUI

Post by GUS » June 21st, 2019, 10:44 pm

The byu db had to take the breathalyzer test or lose his license. He was stopped with probable cause. I'm a lawyer, but don't practice criminal law anymore.
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Re: BYU DB arrested DUI

Post by Smokin Joe » June 22nd, 2019, 9:49 am

StanfordAggie wrote:
June 21st, 2019, 10:14 pm
Mr. Sneelock wrote:
June 21st, 2019, 8:23 pm
sneed wrote:
Mr. Sneelock wrote:
ViAggie wrote:
Murkymerk wrote:
June 20th, 2019, 5:40 pm
This lists him as a WR, but I’m pretty sure he’s a DB.
BTW the correct answer is NEVER two drinks, it's "Sorry officer, but I will need to speak with my Attorney first before answering any questions, all my information is on my DL" because if you get pulled over for DUI (you are an idiot) you have a 99.999999% chance of going to jail regardless of what lie you want to tell. So respectfully decline breathalyzer, sobriety tests, and just hold out your wrists and say "lets go officer."
The first part of this comment is correct. Don't say anything. The second part, however, is exactly 100% the wrong thing to do. Do not ever refuse (or decline) the breathalyzer, at least in Utah. I guarantee you won't like the consequences.

Disclaimer: Yes, I am a lawyer, but my comment isn't legal advice. (Even though it is correct).

Sent from my SM-N960U using Tapatalk
The highway patrol officer who taught my defensive driving class last week would agree - but he is a cop. Can I trust him?... He actually was a very reasonable one.
It is an automatic 18 month suspension of your license even if you are ultimately not charged or are acquitted of DUI. For repeat offenders it is 3 years. By obtaining and using a Utah Driver License, you have automatically consented to a breathalyzer. You are much better off taking the test and trying to challenge the admissibility of the test results.

Sent from my SM-N960U using Tapatalk
I am not a lawyer, but a quick Google search indicates that in Utah, taking a breathalyzer test is mandatory only if you have been arrested for DUI. And the officer has to warn you about the consequences of refusing the test. So if you are being arrested, then yes, you need to take the test or your license will be suspended for 18 months. However, if you are not under arrest, you can (and should) refuse to take a breathalyzer test. For example, if you are stopped at DUI checkpoint where they are stopping everyone (or stopping random cars without any particular probable cause), you have nothing to gain by taking a breathalyzer. Even if you haven't been drinking, you could end up being arrested for a false positive. In that situation, you should refuse to answer any questions or perform any kind of test (either field sobriety test or chemical test). Even if you are pulled over for some other offense, my understanding is that you do not need to take a breathalyzer unless you are actually arrested for DUI. (I could be wrong about that, though.)

In North Carolina, the implied consent law says that you consent to chemical testing, but not necessarily a breathalyzer. I have been advised to never take a breathalyzer test in North Carolina under any circumstances because it is so unreliable. Even if you are arrested for DUI, you should tell the officer that you will not consent to a breathalyzer but you will consent to a blood test at the station. A quick Google search indicates that the officer is allowed to choose the test that is performed in Utah. You can request to take a blood test rather than a breathalyzer, but the officer does not have to honor that request. If you are forced to take a breathalyzer, I would go to a hospital or some other facility and demand to have a blood test performed as soon as possible after being released from custody, since blood test results are much more accurate.

I am not a lawyer and none of this is legal advice. If anyone who knows more than I do about Utah DUI law wants to correct anything that I said in this post, please do so.

Not sure, but I think Utah might make a distinction between a test via the PAS (preliminary alcohol sensor---hand held, portable device) and the evidentiary test (stationary breath testing instrument). In California, for example, the PAS is considered an FST (field sobriety test) and under the implied consent law, you can refuse it without adverse license consequences. You cannot refuse the evidentiary breath test however without suffering an automatic license suspension. Does Utah have the same rule?



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