Test results: Johnson's blood alcohol level was .072

ESPN.com ^ | 7/2/07 | Unknown

[NittanyLion]

GILBERT, Ariz. -- Blood tests show former Chicago Bears defensive tackle Tank Johnson's blood alcohol level was below the legal limit when he was arrested on suspicion of drunken driving June 22, police said Monday.

Johnson's blood alcohol level was .072, under the presumptive limit in Arizona of .08 percent, Gilbert police Sgt. Andrew Duncan said.

Under Arizona law, Johnson could still face a charge for "impairment to the slightest degree." The state has separate charges for blood alcohol levels of .08 or higher and .15 or higher. The "slightest degree" charge usually accompanies the other charges, but the state does not have to show any blood alcohol level to bring the minimum charge.

[NittanyLion]

I posted this because of this "impairment to the slightest degree" business. Am I the only one who's never heard of such a thing? It seems preposterous.

[samtheman]

What does “legal limit” mean if being below it still constitutes a defense.

Does this concept apply to speed limits, too?

I’m going to have to ticket you for very nearly speeding.

[alisasny]

Perhaps its written that way for prior criminals like this football player? Clearly he is not a law abiding citizen.

[discostu]

The “impairment to the slightest degree” stuff is generally there for non-alcohol stuff. Most drugs hang out in the bloodstream too long to be able to determine if the person was still under the effects, they also use it for fatigued drivers, and of course as a pile on for drunks.

[discostu]

Actually it does apply to the speed limit too, there’s a proviso to the speed limit laws dealing with going too fast for the current conditions. Mostly it comes into play during bad weather or in construction areas generally after an accident, the core logic is that even though you were going the speed limit or lower the fact that you hit somebody shows you were driving too fast for the current conditions.

[AppyPappy]

Your BAC drops over time.

[AppyPappy]

That’s why NC uses “Driving While Impaired” rather than drunk driving. You drink a couple of beers and pop a Benedryl and you still blow under the limit. But you are impaired

[Still Thinking]

I think the law is backward. As it stands, the number is a “per se” violation, meaning just being over the number is a violation. If you are under the number, it can still be a violation if they can prove impairment. I think being under the number should be an absolute defense, or near absolute, and they still bave the burden to prove impairment (FST, etc.) if you are OVER the number. Lots of alkies are perfectly sober at over 0.08, I suspect.

[Old Professer]

Don’t take Nyquil.

[Libloather]

"impairment to the slightest degree"

Can we now put all leftists behind bars? Please?

[discostu]

Or you take the time to dry out but by that time it’s late and you can’t see straight. There are tons of ways you can be in no shape to drive and blow a 0.000 on the machine, which is why most of the states changed their laws to deal with with non-alcohol related impairments, the cops got tired of pulling over bobbers and weavers only to find they were stoned not drunk and not be able to nail them with anything.

[Petronski]

You’re from Pennsylvania, right?

Our DUI law permits a finding of guilt for (a) BAC > .08 or (b) impairment in the opinion of the officer (weaving, field sobriety test failure, etc.).

[Domangart]

Yes, if that was all they tested for then thats all the lab work there is. This is why observation is a big deal.

[stinkerpot65]

It’s all about publicity for prosecutors. Nothing else matters.

[Hi Heels]

Really. You ALMOST killed your wife. You were THINKING about robbing that liquor store. Eeesh. If we got arrested for ALMOST committing a crime......

[hometoroost]

Only .072? Sheesh, most Kennedys wake up with a higher BAC :-)

[radar101]

Johnson, whose legal name is Terry Darnell Johnson, was arrested when officers pulled him over at 3:30 a.m. for driving 40 mph in a 25 mph zone. Duncan said an officer placed him under arrest because he believed Johnson was under the influence of alcohol. He was released without being booked or charged after providing a blood sample, and police said he was very cooperative.

QUESTIONS:
Were Field Sobrity Tests given?
How long after the intial observation was the blood drawn?
(Normal adult burns off .025 per hour, so, if the blood draw was an hour later, he was .097
Is the blood sample being tested for drugs?

[WestwardHo]

“Impaired to the slightest degree” is a joke. I sat on a drunk driver jury. Prosecutor, Defender were buddies. Accused was owner of a surname anyone in Arizona would recognizer.
The Defender ridiculed the arresting police officer: Describe “Impaired to the slightest...”
The jury members sided with the accused because they identified their own behavior as “impaired” under this definition.
And we’re supposed to feel sad when this drunk finally kills someone.....

[Sacajaweau]

I’d like to know where that 25 mph zone was...and what color the sign was. 25 mph is pretty rare except in MAYBE a little village.

[Lonesome in Massachussets]

Sounds like a charge a guy with an 0.081 reading might be allowed to plea to. Me, with an 0.072, I’ll go to the jury, thank you.