Posted on 07/02/2007 3:31:19 PM PDT by 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.
(Excerpt) Read more at sports.espn.go.com ...
How about a ticket for low IQ driving?
I guess there's some logic in that. As others have stated, other drugs could impair a driver without a BAC. That said, I'd have a hard time finding someone guilty who had a BAC of less than the legal limit and no other drugs in his/her system.
Thanks for the explanation...
If I’m legally drunk then what’s the problem :-) I’m sure this is just the slippery slope for any alcohol in your system while driving is illegal. Sort of how The Great American Smokeout and smoke bans in government buildings now lead to smoke bans in your own apartment and car.
Sort of like "I shall fart in your general direction".
IF slight impairment is the benchmark in Arizona for an arrest it is surprising that John McCain is not arrested every day on felony impairment charges. Just goes to show that there is one set of laws for NFL football players and another for impaired members of that august body known as the US Senate.
It takes about 45 minutes to reach a postabsorbtive state, where BAC maxes out and the alcohol is evenly distributed in the body. Many states have provisions for DUI even though the BAC is lower than legal thresholds.
A lot depends on the driver's attitude toward the police,
Why do they continue to persecute Tank Johnson? He had too many guns? Some were not licensed? Is that all? Has he gone around shooting people like Pacman Jones’ posse? No. So what gives? Why the jihad against him?
I know a guy who blew a .02 and got a DWI. He couldn’t pass the sobriety tests because he was hammered on Benedryl.
Lots of things could give similar appearances (and even odors) to being drunk, some of them serious medical conditions.
A friend who had a stroke was shunted aside in the ER lineup for hours as an 'assumed' drunk. (Former Deputy Sheriff, Volunteer Firefighter, great guy who rarely drank at all--none that night.) The brain stem stroke did not kill him, but he is a quad now.
Hopefully, the police are getting training to recognize the possibility of medical problems when the BAC (screening or breath test) comes back all wrong.
Sadly, it's because he is black, wears a lot of "bling", and otherwise looks like like he should be guilty of something. Basically, the guy was arrested twice for activity that is not criminal in at least 47 states, and for going 40 in 25 mph zone. He must be stopped!
Why does the Monty Python "She's a Witch" scene from the Holy Grail come to mind.
Uniform language in every state since about 1993.
The purpose of the field sobriety tests is to provide evidence to convict even if the perpetrator / victim tests out below the illegal per se limit.
Most people don't realize that while we can still purchase booze in this country, we just can't risk consuming it or transporting it - anywhere.
We have de facto prohibition. Thank you, MADD.
I hope he owns himself a hospital now.
My favorite is how they got Bill Klinton to support lowering the federally supported BAL (probably some body fluids changed ‘hands’ I assume), then they claim in their fundraising that “drunk driving has increased xx%”. Ought to be in jail for fraud, right next to the people who claimed obesity was up after IT was redefined.
So the Governor of Arizona walks out of his house, gets in his car, and is arrested by a disgruntled cop who detects the smell of alcohol on his breath (mouthwash has alcohol) leading him to charge the Governor with "impairment to the slightest degree." What a Fascist law.
Sounds kinda “Double Secret Probation-y” to me.
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