Getting a DUI may be easier in Utah as of December 30th as the new Blood Alcohol Content law takes effect. One expert said there are two parts to the new law. One has to do with intent to operate any vehicle where a person has a BAC of .05 or greater. The other part addresses any amount of alcohol or any drug resulting in impairment. Carolyn Murray has this:
David Rosenbloom is an attorney specializing in DUI’s. He said people don’t understand how the law works or the process law enforcement uses to make a DUI arrest. He said impairment is measured most often by a field sobriety test, not by a breath test.
“The big thing for people to understand here is you don’t get tested, then arrested. You get arrested, then tested. Always, a hundred percent of the time. They don’t have the machine with them. The machine is back at the station. When they smell alcohol, or you admit to drinking, they get you out of the car. They perform field sobriety tests. Most people can’t do them sober. They’ve never been tested on a sober control group. And, then they’re arrested. If they go back to the station, they blow .04 let’s say in this case. They don’t give them a ticket out and say, hey go on your way. Here’s your car back that we towed, they just give them a DUI, that is an impairment DUI. So, in other words, you can’t have any alcohol and then drive safely."
Rosenbloom said 30 years ago, 90 percent of DUI’s were identified by observing visual impairment of a person’s driving. That’s changed and now 90 percent are identified through regular traffic stops like speeding, a tail light out or running over a yellow line.
“The problem with that is that people have equated, the National Highway Transportation Administration has for 30-years, improperly 0.8 or in this case .05 means impairment. In other words, people think, well I am fine to drive, I’ve had one drink. Well, their breath may be over .08.”
Rosenbloom said to calculate blood alcohol with an uncalibrated, portable breath tester is not an accurate representation of being drunk and nor is the field sobriety test because he said it’s impossible to pass when sober.
Field Sobriety Tests include an eye test that can indicate sobriety, but it can also indicate tired eyes. The other two tests, Rosenbloom said are impossible to pass unless you re a gymnast.
“It’s called the nine-step walk and turn which no one can pass sober. The last one is on-legged stand where you hold your leg up six inches. You can’t hop, put your foot down or sway. So, most people under conditions like today, you know when you’re out on the highway, cars are passing and it’s snowing, can’t pass these tests when they’re sober. Some officers use a portable breath tester to decide. And, if you’ve indeed had one drink and you’ve got the right officer, may let you go if you’re .04 or .03. Or, after being charged, the DA may decide it’s not worth going. But you’ve still been arrested, paid a thousand dollars for the DMV, gotten your car towed. It’s not a good night. This is the most rational decision you can make in Park City, is to take Uber for 10 bucks back to home.”
Rosenbloom said the technology to stop impaired driving is readily available and inexpensive but there is a lack political will to make changes. He said the number of deaths by drunk drivers equals the number caused by texting drivers.
“We’ve had about 15,000 deaths from alcohol for the past 35 years consistently. We’ve had now, the number of texting deaths approach that. And, we don’t really know what texting deaths are because every cop’s not able to check the phone. We’re thinking those are under reported. You know the way to solve this problem is to put an inter lock in every car. Every car you buy new, has back up cameras. Some have seven-inch LCD screens. We could solve this problem by making the car inoperable for less than a hundred dollars a car.”
Penalties for DUI’s whether caused by approved medicines, alcohol or drugs are mandatory, and judges have no leeway when applying them.
“And if you have a Kombucha in you and that has a little bit of alcohol…enough to blow .002, a tiny bit. But, that’s enough to get an alcohol restricted driver a ticket. That will suspend your license for a year. It will get you an interlock. In other words, it’s a not a drop DUI is how it’s referred to. The other part of this is that about 30 percent of DUI’s today are from prescription drugs, at least in my practice. And, people think that just because it is prescribed, they are allowed to take it legally. You still have it in your system and even if you’re not impaired, that’s a DUI. So, if you say, well I smoked, but I smoked it legally. It doesn’t matter. Even if you have a prescription card for it, it’s illegal.”
Rosenbloom expects a 10 to 15 percent uptick in DUI’s in Utah with the new law. He said it doesn’t matter what amount of alcohol you have in your system, if you’ve been charged with impairment, it will be expensive. He thinks the BAC levels eventually be set at .04 with the rest of the country not far behind Utah’s model.
