Total DUI

With the dangers of drunken driving so obvious, it's no surprise to often come across stories in the media about the latest efforts to curb DUI and bolster arrests and convictions. The latest story involves a device that records the eye movements of DUI suspects during the Horizontal Gaze Nystagmus (HGN) test -- more commonly thought of as when an officer tracks the eye movements of a DUI suspect.

Learn more about this device--dubbed the HawkEye--in the following story. While the story does a nice job of describing what this device does, it does miss on an important point: that such technology is far from a slam-dunk in terms of proving DUI, despite what some may claim.

When it comes to field sobriety tests like HGN, the One-Leg Stand Test and the Walk and Turn (WAT) test and how they may apply in your case, getting in touch with a local DUI attorney is a smart way to gauge truth from fiction. To speak with a DUI attorney in your area, feel free to fill out our DUI case evaluation form.

Smoking bans in bars and restaurants have seemed to be a vogue way to make such establishments more appealing and healthy places to people who may be turned off by such "vices." With that said, a recent study indicates that smoking bans are producing a surprising and unintended effect: a rise in fatal DUI crashes.

Don't see the connection? Check out the article below to get a better understanding of this relationship:

• Smoking Bans Contribute to Rise in Fatal DUI Crashes, Study Finds.  

A Tucson woman, Melissa Arrington, was charged with negligent homicide and two counts of aggravated DUI after she swerved off the road in her car to hit a cyclist, Paul L'Ecuyer, in December 2006.

Arrington could have been stuck with a minimum sentence of four years, but the judge didn't hesitate to give her a much higher sentence of 10.5 years, one year less than the maximum, for a phone call that was played at trial that he called "breathtaking in its inhumanity."

According to court records and news reports, in the phone call a friend said that a mutual lfriend said Arrington should be applauded for the incident, saying she should get a parade and a medal for "taking out" a "tree hugger, a bicyclist, a Frenchman and a gay guy all in one shot."  Arrington responded with a laugh, and when her friend admitted that it was a terrible thing to say, Arrington replied, "No, it's not."

How you behave in the court room and your contrition for your actions can go a long way in convincing the judge that you regret your DUI and the illegal or damaging actions that resulted.  The judge in this case obviously thought that Arrington's laugh indicated she wasn't remorseful for her actions.

Here's another guide to what NOT to do in a court of law, courtesy of one New York man who told the judge at trial that he was "bored"!!!

An article published last October in USA Today recounts the increasingly common sight of breathalyzers administered at high schools social functions such as sports events and dances.

High school administrators have found the small breath test devices to be a cheap and publicly-visible way to deter students from trying to attend social events drunk or with alcohol.  Peer pressure, the shame of testing positive in front of friends, is touted as a motivating factor behind the effectiveness of the portable breathalyzer.

While civil rights groups warn that if students are tested without "reasonable suspicion" and prior approval, it may be a violation of civil rights, schools often draft consent forms that students sign if they are to have the privilege of attending social functions.

Read more about two new high schools that are embracing this popular new tactic to stop DUI and underage drinking, at Total DUI!

It's hardly news that underage teenagers have drinking parties, unfortunately.  But this one has a bit of a twist.

Sheriff's deputies in Florence, Wisconsin were alerted to an underage drinking party.  When they arrived, a vehicle was leaving the alleged party.  When a deputy followed the vehicle, he found it in a ditch less than a mile down the road, with the occupants out of sight in the nearby woods.

Several more vehicles coming from the direction of the party, and officers duly stopped each vehicle.  One of the vehicles, however, sped off after being ordered to stop, leading the deputies on a high-speed chase for a few minutes before slamming into a snow bank in a hay field.

Five of the teens either surrendered or were captured shortly after, though deputies continued searching for a while to round up all eight teens that had spilled from the car.  Eventually, the deputies left.  Without shoes on, three of the teens stayed all night in the unheated vehicle after hiding out somewhere in the hay field.

The three suffered frostbite and were taken to a local hospital, where officers did finally catch up to them.  A total of seven minors in possession of alcohol citations were issued to the partygoers.

For more crazy DUI stories like this one, check out Total DUI's crazy DUI page.

After we get through the holiday season, we'll be done with another year here at Total DUI.

Enjoy two of our recent roundup articles, exclusive to Total DUI.

Ever hear that those who can't do teach?  How about a twist on this old saying: those who DUI, teach?

Read more about DUI enforcers and educators who got caught drunk driving!

And who could forget those celebrities who have shared this year with us?

Read about Michelle Rodriguez, Kiefer Sutherland and Lindsay Lohan in the top 10 celebrity DUI arrests of 2007!

Being arrested and charged with DUI can be a scary and embarrassing experience. While most people would like to put their DUI arrest in the past, especially in the cases of those who had a one-time, temporarily lapse in judgment, actually doing so hasn't been that easy for some Arizona DUI offenders.

The new website Stopduiaz.com posts the names, mug shots and blood alcohol content levels of people who have been arrested for Arizona DUI. The site has been described as a means to educate the public on DUI penalties and to get across the point that even ordinary citizens can be arrested for DUI and thus subjected to such penalties.

The site is not without controversy, as some people have decried the embarrassing aspects of this campaign. These opponents have specifically pointed out their displeasures with the principle of shaming, in which embarrassment for a crime can be used as part of a sentence.

Read more about the debate surrounding this Arizona DUI website in the following article:

Arizona DUI Offenders See Names and Mug Shots Go Online.

It's the kind of news story that copy editors live for: a high-speed chase with police in hot pursuit of...wait for it...a donut truck!

The singularly-named Warren G. Whitelightning got nabbed for his fourth DUI when police officers finally caught up to his rogue Krispy Kreme truck.  Whitelightning had stolen the truck after hooking eight pickled sausages at an Open Pantry convenience store, then led police on a chase reaching speeds of over 80 mph as donuts flew out of the abducted auto.  Video of the incident here!

Find these and many other hard-to-believe DUI stories at Total DUI's Crazy DUI Arrests page!

While driving a patient to the hospital this fall, a 22-year-old ambulance driver struck another car and killed the two men riding in it, reports the Pittsburgh Tribune-Review.  The driver had apparently been drinking before her shift and was charged with two counts of homicide by vehicle and involuntary manslaughter, driving under the influence of alcohol, and other traffic crimes.

The patient being transported to the hospital reportedly died later on, though officials maintain that this death was not caused by the crash.

And you thought you had a tough day at work.

Martin Ruiz of Nevada may be living proof that actions speak louder than words.

In January of this year, Ruiz was arrested for DUI after an accident in which he and his passenger were injured, as well as the other driver.  Ruiz was driving 70 mph with a blood alcohol content of 0.104.  After pleading with the judge at his court date to release him and promising never to drink another beer again, he released from the Douglas County Courthouse on his own recognizance.

And then he was caught drinking a 12-pack of beer on the courthouse lawn.  Oops.

This time, the judge set his bail at $100,000, saying that releasing him on his own recognizance would be "completely inappropriate."

It's better than waiting to find Ruiz doing Jello shots in the judges' chambers.

Earlier this week, Total DUI detailed how problems at the Washington State Toxicology Laboratory, including questions about a mixture solution testing the accuracy of breathalyzers, could affect certain DUI cases. For more of a back story, Washington DUI attorneys had begun arguing for the dismissal of DUI cases or at least the reduction of charges after it was learned that the manager of the state toxicology lab had been signing papers saying that she had tested the ethanol-water solution when in fact she hadn't done so.

With that said, Eastern Washington Whitman County prosecutors, fearing that certain DUI charges wouldn't hold up in court, have agreed to plea bargains in 30 of 80 Washington DUI cases. This decision on Wednesday could loom large throughout the state, as other county prosecutors may be forced to make similar concessions in wake of the problems at the state toxicology lab. It has been estimated that this initial hearing about the breathalyzer results in Whitman County could affect hundreds of DUI cases in the state!

A recent decision by a New Jersey appellate court will serve as a reminder to us all that sometimes the letter of the law can catch someone acting responsibly. 

David Montalvo had had too much to drink, and rather than driving himself home, decided to sleep one off on the bench seat of his GMC pickup in a deli parking lot in Hamburg, New Jersey.  For the safety of pedestrians and other motorists, as well as his own safety, Montalvo made the right decision by choosing not to drive in an intoxicated state.

However, when Montalvo woke up to the sight of a Humburg police officer, his decision proved to have consequences he didn't imagine when he went to sleep.

The officer had stopped to check on the truck, which was sitting alone in the parking lot at around 5 AM, before any of the stores in the strip mall lot were open, and whose engine was on and racing.  Because of cold temperatures outside, Montalvo had turned in the engine on to keep the heater running, and while sleeping his foot had apparently slipped on to the gas pedal.

When he noticed the smell of alcohol from Montalvo's previous night libations, the officer requested a breathalyzer test from Montalvo, which he refused.  Montalvo was arrested and convicted of DUI, and though he appealed the decision, claiming that the officer had no reasonable grounds to investigate his parked truck, the appellate judge ruled otherwise, stating that because of Montalvo's condition and the fact that his car engine was running in the parking lot, the officer had the right to make sure he was okay.

Contrary to the intention behind his actions, Montalvo did not need to be "driving" to be arrested and charged with DUI, "driving under the influence."   State statutes vary on what it means to be operating a vehicle: in some states, having the keys in the ignition means you're legally operating it, while in other states, simply being in the driver's seat is enough.

Which means, even if you do the right thing and sleep one off to avoid endangering others, be careful where you do it!

If you feel a need to get pulled over for DUI, do it Waverly, Ohio. The Cincinnati Post recently reported that Waverly Ohio police allow DUI defendants to make a $1,000 donation to the police department in exchange for a plea bargain allowing them keep their driver’s licenses.

The Post reports that more than one-third of DUI cases in Waverly were dismissed last year. Motorists, who typically face three or more days in jail and lengthy license suspensions were allowed to make the donation and plead to a lesser charge. Some DUI suspects with four or five prior DUI convictions were allowed back on the road with no jail time and no loss of driving privileges. In some cases, the convictions were not even reported to the Ohio Bureau of Motor Vehicles, a violation of state law.

The paper said the bargaining away DUI charges for donations raised more than $91,000 for the “drug law fund” since 2001. The money went to buy fire arms and radio equipment, according to Waverly police officials.

An Elgin, Illinois teenager was acquitted of murder after driving his car into a building while drunk. Brian Poliarny was charged with first-degree murder for the crash which killed his passenger, Roman Pokorny. A second passenger was badly injured in the accident.

According to the Chicago Sun-Times, Kane County prosecutors had argued that Poliarny had intentionally driven into the building in an attempt to kill himself. Judge Grant Wegner said he acquitted Poliarny of the murder charge because there wasn’t clear evidence the teen had intended to kill himself or his passengers.

Poliarny had already pled guilty to two counts of felony DUI. He faces a maximum 26-year sentence on these charges.

Life is hard enough when you have a conflict with a co-worker.  Imagine working alongside a co-worker you had to arrest.  Now, imagine that co-worker is….your spouse.

Deputy Sheriff Mike Moore, of Elko County, Nevada, met with this very situation recently, as he stopped his wife, Charlotte Moore, for a DUI offense, not once, but twice in one afternoon.  Charlotte Moore, a jail deputy and 11-year force veteran, had participated in a wine walk sponsored by a local business group just a couple of hours before her husband pulled her over the first time.  Police reports filed by Mike Moore indicate that the initial stop was for something unrelated to a suspicion of DUI. 

Without reporting what transpired between the two, newspaper reports indicated that Charlotte Moore left without taking a portable breathalyzer test.  Mike then proceeded to call the Elko City Police Department for backup as he pulled her over again.  An Elko Police officer, Shane Diaz, and Elko Police Department Sgt. Mark Butterfield arrived to assist Moore in arresting his wife.   According the breathalyzer reading taken then, her blood alcohol content was .114.  Charlotte Moore was not on duty at the time of the incident.

After being held in jail, Charlotte Moore was released, and subsequently placed on administrative leave with pay.  Needless to say, things might take a while to cool down at the Moore household after this event.

The Seattle Post-Intelligencer reports that prosecutors in Spokane, Washington are playing down the significance of improper Breathalyzer calculations, leading to hundreds of faulty alcohol test readings.

The State Crime Lab in Cheney, Washington recently announced that it had been using an erroneous spreadsheet formula to record lab test results for 584 defendants between February 2006 and January 2007. The lab said eight defendants who were harmed by the error have notified.

The Post-Intelligencer reports that a BAC of 0.79 would be elevated to 0.08 percent and 0.149 would read as 0.15. The Director of the Washington State Patrol Forensic Laboratory Services Bureau, Dr. Barry Logan, said 584 cases involved faulty test results, but 576 of the results could not have effected a defendant’s guilt or punishment.

The story appears to allege that the lab’s spreadsheet only showed Breathalyzer results to two decimal places. I tested Microsoft Excel. Breath alcohol level (BAC) results from 0.075 and 0.084 would all show as 0.08 percent, equal to the presumptive BAC level in all states. BAC results from 0.145 to 0.154 would show as 0.15 percent, requiring stiffer penalties under Washington’s excessive DUI law.

KNDO Television said Logan explained that the miscalculations occurred after software used to calibrate breath alcohol instruments was amended late in 2005 produced an error at the fourth decimal place in test readings. Can this be right? An error in the fourth decimal place would not effect a value to only two decimal places.

My simple test, in Excel, showed that either the reporting was simplistic or many more cases should be re-examined.

Last November, Lawrence Trujillo needed a drink, so he a friend stopped a downtown bar and had a few. Unfortunately he did not get a cab. About six blocks from my home, he ran over a family, killing two children and their mother. Trujillo then drove home. When police arrived four hours later, he had a BAC of 0.17. The father escaped serious injury.

Trujillo was charged with 13 counts, including vehicular homicide, vehicular assault, leaving the scene of a fatal accident, and child abuse.

In a surprise, Trujillo pled guilty to all counts. According to the Denver Post, his attorney, Rob Bernhardt, said Trujillo had wanted to plead guilty since the day after the accident, but Bernhardt wanted to review the prosecutor’s evidence first. Prosecutors had offered him a deal to 40 to 60 years in prison, but Trujillo decided to skip the deal and plead straight up.

Trujillo faces 16 to 176 years in prison.  KTVD reported that Denver District Court Judge Morris Hoffman told Trujillo his practice is to impose consecutive sentences.

The family father, Frank Bingham, said that while Trujillo’s plea brought some degree of closure, “if Mr. Trujillo ever comes out of prison, he should be quite an old man when it happens.”

A woman in Centereach, New York killed her boyfriend while he was trying to protect her from drunk driving. Newsday reports that a witness heard Louis Weiderer tell Jesenia Vega she was going to get arrested if she tried to drive in her condition. Weiderer was leaning in the car’s window arguing with her. After she screamed are at him to leave her alone, she slammed on the accelerator, dragging Weiderer to his death.

Vega was arrested and charged with DUI (DWI in New York). She is likely to be charged with some form of manslaughter.

While Weiderer has moved on, Vega will be punished for the rest of her life, knowing she killed her fiancé.

An Ocala, Florida man was found not guilty of DUI manslaughter and DUI with property damage. The Ocala Star-Banner reports that David Andrew Ballinger had faced up to 31 years in prison and $20,000 in fines.

The Star-Banner earlier reported that the Florida Highway Patrol had responded, in January, to a single-vehicle crash. They found Robert Lewis Wilson pinned beneath the vehicle. Witnesses told investigators they had seen a man jump out of the truck and try to help Wilson, but that the man had run away.

Five hours after the crash, police went to Ballinger’s home and drew blood.  His blood alcohol level was 0.05 percent, five hours after the crash. A Florida Department of Law Enforcement toxicologist testified Ballinger’s BAC could have been above legal limit for DUI of 0.08 percent at the time of the crash. The Star-Banner’s article does not indicate whether Ballinger argued he had drank alcohol following the crash.

It appears that convincing juries that a driver was DUI when his measured BAC was below 0.08 percent is becoming increasing difficult.

What were You Doing when You were 11 Years Old? Hopefully, Not Drinking and Driving and Leading Police on an 100 mph Chase!

Last week, an 11-year-old girl was charged with DUI after leading police on an 100 mph chase for roughly eight miles and then flipping her vehicle in Orange Beach, Alabama. An Associated Press story detailed that the chase began around 10:30 p.m. on July 3rd when a police officer saw a car speeding along a beach highway. After the officer flicked on his lights, the driver sped up and eventually clipped another car during the chase that eventually ended when the suspect's car rolled over. When police officers looked into the flipped car with their guns drawn, they were shocked to see the 11-year-old girl, who later said that she was picking up her sister at a concert. Slightly injured in the crash, the girl has been charged with DUI, speeding, reckless endangerment and leaving the scene of an accident.

Due to the age of the suspect, her name was not released. Police refused to release her BAC level but did say that a blood test revealed it to be greater than 0.02 percent, which is the legal limit for minors in Alabama. No alcohol was found in the vehicle, and it is believed that the girl drank prior to driving the vehicle, which belonged to relatives.

Who would have thunk it? On the night before the Fourth of July, you would expect an 11-year-old kid to be more interested in getting his or her hands on fireworks than a car. Luckily, this girl was not seriously injured and did not hurt anyone else during this most dangerous joy ride.

The Federal Aviation Administration (FAA) has cleared US Airways of wrongdoing in its investigation into whether the airline served an already-intoxicated passenger. Dana Papst died while driving home from the Albuquerque, New Mexico airport.

The Aero-News Network reports that after Papst was served alcohol on a flight to Albuquerque, he turned the wrong way in I-25 near Santa Fe and struck a vehicle, killing himself and five others in a head-on collision. His blood alcohol level was four times the legal limit for DUI in New Mexico.

The FAA determined Papst had stopped in Bernadillo, New Mexico and bought beer at a convenience store. The accident occurred three hours after the flight had landed.

US Airways was banned from serving alcohol on flights going to New Mexico until the airline received a state liquor license.  Obtaining a liquor license in New Mexico includes training servers to identify alcohol impaired or intoxicated passengers.

John D. Goodale sat in the Oswego County, New York jail for seven months following his fifth DUI arrest. The Post-Standard of Syracuse reports that he was finally released because no action had been taken in his case.

Goodale had waived his right to a speedy trial while his attorney negotiated to get Goodale into Oswego County Drug Court. When Goodale was not allowed into Drug Court, he revoked his waiver of speedy trial.

The Post-Standard says the District Attorney complained that the judge seemed to think Goodale’s was the only case the District Attorney’s Office had. Due to limited resources, the DA simply had not been able to bring the case to trial. The U.S Constitution demands a speedy trial for all accused of a crime, period. Lacking resources is not an excuse for the DA to deprive a defendant of his constitutional rights.

The Chicago Tribune’s Headline that former Bears’ player “Tank Johnson wasn't legally drunk” when he was arrested for DUI in Gilbert Arizona isn’t quite right. Johnson was waived by the Bears following his arrest. He has already served time in jail on gun charges and was suspended by the NFL for the first eight games of the upcoming season.

The Tribune reports that Johnson’s blood alcohol level (BAC) was 0.072 percent, below the presumptive level of 0.08 percent. Charges have yet to be filed in the matter.

It is a common misunderstanding that a driver is only DUI if his BAC is at least 0.08 percent. This is untrue. Johnson was charged under Arizona’s DUI statute which states that is unlawful for someone to drive “if the person is impaired to the slightest degree.” ARS 28-1381(A)(1). 

Every state has a presumptive BAC of 0.08 percent. When a driver has a BAC above the presumptive level, the burden of proof switches from the government to the accused. A judge or jury, in a DUI case, is instructed to take a BAC above 0.08 percent as proof that a driver was DUI. The defendant must prove something was wrong with the breath or blood test.

For the Tribune, and other media outlets, to indicate that Johnson was not DUI aids to the common misconception. If Johnson is not charged with DUI, it will be because the prosecutor believes the testimony of the arresting officer will not be enough, without a presumptive BAC, to convince a jury Johnson was DUI.

A Connecticut driver was arrested in Westchester County, New York for DUI when he happened upon a police investigation into two auto accidents. According to the Journal News, police officers were investigating an accident where Matthew Siden had lost control of his car and crashed, ejecting his passenger. While Siden was checking on his passenger, an Audi plowed into his car. Siden was charged with DUI and released. The driver of the Audi was not arrested.

Meanwhile, here comes Claudio O. Tacuri-Arpi. Tacuri-Arpi was arrested and charged with DUI, driving without a license, and failing to obey a traffic device. This was his second DUI-related arrest in less than 60 days.

A mother from Fallbrook, California pled guilty to felony child endangerment for allowing her 6-year-old son to ride with her drunk husband. According to the San Diego Union-Tribune, Rosa Carachure’s husband rolled their SUV, killing her son. She was seriously injured in the crash.

Shortly after burying her son, Carachure was shocked when police charged her with a felony. Authorities accused her of knowing her husband was too drunk to drive. She could now get a year in jail.

Jose Mendoza, the father, was charged with manslaughter. He could get six years in prison.

Mendoza and his wife were arguing over his drunk driving when he purposefully swerved the vehicle to show her he could drive. The SUV rolled and the child, who was not wearing a seatbelt, was ejected. Two other children were uninjured.

Some prosecutors can certainly be vindictive. Carachure’s attorney said she’s been punished enough. I agree.

Yet Another Texas DUI Lands Man Lengthy Prison Sentence

A Texas man who has been caught DUI eight times in the last 20 years has apparently not understood the lesson about the dangers of drunk driving, but he will have plenty of time to think it over. Wendel Klotz was recently sentenced to a 70-year prison sentence (with the first 30 years carrying no chance for his parole) after he was arrested for the use of a deadly weapon while driving drunk. Klotz has refused alcoholism treatment several times in the past; thus prompting the Texas county in which he was convicted to abandon its philosophy of treatment over imprisonment at least in this case.

Girl Who Led Cops to Believe That She Was the Driver in Fatal Drunk Driving Accident Still Charged with DUI

On March 13th of this year, an SUV crashed into a car, killing 17-year-old Samara Stricklen of Lakewood, Colorado. When police arrived at the scene, they found 16-year-old Alison Bowen behind the wheel of the SUV. However, police learned during their investigation that 16-year-old Nanette Lafluer was actually operating the Ford Explorer during the fatal drunk driving accident. With that said, Lafluer was recently charged with vehicular homicide while DUI. As for Bowen, she has been accused of drinking and driving sometime during the night of the fatal accident and thus is still facing a DUI charge. And for her deception, Bowen has been charged with trying to influence a public servant.

A liquor store clerk is also facing charges in this unfortunate Colorado DUI case. The grand jury investigation has accused 44-year-old Pham Van Thein of repeatedly selling alcohol to minors, including one of Lafluer's friends on that night. Authorities have also determined that Lafluer drank some vodka purchased from Van Thein's liquor store prior to getting behind the wheel of the SUV on that fatal night.

A Jefferson County, Colorado liquor store clerk was sentenced to home detention and probation for selling liquor to a minor who later died in a DUI auto accident. Loc Quang Truong was given 120 days home detention and 18 months of probation.

Loc had pled guilty to providing alcohol to a 20-year-old minor using his older brother’s expired Michigan driver’s license. Paul Ondrish later rolled his vehicle, killing himself and a passenger. They were not wearing seatbelts. Three teenagers, riding in the back seat and wearing their seatbelts, suffered minor injuries.

The boys’ families said they were satisfied with the sentence which includes 120 hours of community service in a trauma facility, restitution, a $1,000 fine, orders to obtain a GED, to not work in a liquor store, and to attend a victim-empathy panel.

Chicago Bears Release Embattled Defensive Lineman Tank Johnson following Last Week's Arizona DUI Arrest!

After being arrested for "DUI Impaired to the Slightest Degree" early last Friday morning in Arizona, defensive lineman Terry "Tank" Johnson was released by the Chicago Bears today. Johnson had vowed in May that he was a changed man after spending two months in jail for violating probation on a gun charge. Johnson was already facing an eight-game suspension for the start of the next season and may now have very well put his career --at least in the NFL--in severe jeopardy. Johnson was pulled over for going 40 mph in a 25 mph zone in the Phoenix suburb of Gilbert on June 22nd. Officers suspected that Johnson was impaired, and a cooperative Johnson submitted a blood test for his BAC. While those results aren't expected for two weeks, the Bears' organization didn't need to wait for the results to get rid of Johnson after supporting him under much criticism during the last seven months.

The end of Johnson's run as a Chicago Bear comes after a long line of embarrassing incidents. Police raided Johnson's home last December and found six unregistered firearms, some of which were in the vicinity of Johnson's young children. After expressing contrition for this arrest (which violated an earlier gun charge), Johnson found himself in more trouble some two days later. His bodyguard, Willie B. Posey, was gunned down and killed during a fight at a Chicago nightclub that he and Johnson were frequenting. Johnson was suspended for one game by the Bears for the incident  but returned to the team during its Super Bowl run.

Chicago general manager Jerry Angelo said today that Johnson's recent arrest "compromised the credibility of our organization." Head Coach Lovie Smith was described in a prepared statement as saying that Johnson did not live up to his side of the deal with the organization. Johnson was drafted by the Bears in the second round of the 2003 draft out of the University of Washington.

Holy cow! A Pierce County, Washington woman registered a breathalyzer reading of 0.50 percent last month. Two hours after her arrest, Rebecca G. Lingbloom submitted to a blood alcohol test which showed she had a BAC more than six times the legal limit for DUI in Washington. A state medical technician said such a BAC “would certain kill most people.”

Technicians are required to reanalyze a blood sample showing such a rare BAC.

Not surprisingly, Lingbloom was found passed out behind the wheel of her car after she had allegedly nearly hit a pedestrian. She was released on bail after enrolling in a six-month treatment program for alcohol abuse.

Prosecutors in Hillsborough, Florida have been forced to drop more than 60 of former sheriff’s Deputy Daniel Brock’s DUI arrests between October 2005 and October 2006. Brock was fired after an internal review found he had arrested 58 people with a blood alcohol level (BAC) below the legal limit for DUI in Florida, often without evidence of suspicious driving actions, positive urine samples, or videos to back his arrests.

Brock had forced a particular DUI suspect to give a blood sample after a crash without serious injury. A blood draw is only allowed if authorities have evidence that someone sustained “serious bodily injury” in the crash. The driver’s case was dropped without even filing charges.

And We're Worried about Barry Bonds Breaking Hank Aaron's Home Run Record!

Well, it's safe to say that North Dakota's Craig Irwin hasn't taken his prior run-ins with "Johnny Law" too seriously. Already owning the state's worst driving record with 15 DUI arrests and more than 30 cases of driving without a license, Irwin added a couple of more notches to his unimpressive belt on June 14th when a Burleigh County deputy noticed him driving south of Bismarck. Irwin was pulled over and proceeded to fail a breathalyzer test. Irwin's license had already been suspended until 2065, making it 99.99 percent unlikely that this guy will ever legally drive again (unless he has some magic potion from the Fountain of Youth). Oh by the way, the maximum penalty for driving without a license is one year in the state; thus showing how excessive Irwin's rule breaking truly has been.

Somehow, this interesting story got lost under the pile of papers on my desk, but as Wednesday is hump day and good time to reorganize, here it is.

Last week, a Montana man was arrested twice in the same day for DUI. As if things couldn't get any weirder in this bizarre episode worthy of "The Twilight Zone," the perpetrator was arrested both times by the same officer. An Associated Press story detailed that 42-year-old Adam T. Lundgren was cited for misdemeanor drunken driving by Officer Cody Lanier around 5:30 p.m. on Monday, June 11th. After being released to a sober friend, Lundgren jumped from the friend's car and returned to downtown Missoula, where he proceeded to drink the night away. Lundgren crashed into a bridge railing around 10 p.m. of that night and even tried to flee before being captured and subdued by concerned witnesses. Lanier then cited Lundgren with drunken driving, reckless driving, and failing to heed a stop sign. Lundgren posted $700 bond later that night and was finally arrested the following day when he showed up drunk to his Municipal Court Agreement.

I guess some people just  never learn from their mistakes.

PC World recently posted an article on Gadgets That Tackle Tough Problems on their website. The first device was a keychain breathalyzer. OmegaPoint claims its BreathKey is accurate to +/- 0.01 percent BAC (Blood Alcohol Content) at a BAC of 0.08 percent. On their website they say law enforcement breathalyzers are accurate within 0.005 percent.

The BreathKey is Food and Drug Administration (FDA) certified, meaning it is “substantially equivalent” to other consumer breathalyzers on the market. OmegaPoint emphasizes that the BreathKey cannot be used as proof you’re below the legal BAC limit nor determine whether you’re safe to drive.

BreathKey is one of many keychain breathalyzers available. Other include AlcoHawk, Legal Limit, and Connectables. Prices on Amazon.com range from about $20 up to $70 and features vary.

While a keychain breathalyzer cannot be used in court, if used reasonably, it could help keep you out of trouble. Be aware that many states have lesser drinking and driving laws. For example, Colorado has laws against both DUI and Driving While Impaired (DWAI) . DWAI applies to any driver who is intoxicated, but below the per se limit of 0.08 percent.

A Washington state trooper pulled over an SUV that was driving erratically. The driver was charged with DUI and embracing while driving. His passenger was cited for possession of alcohol after the trooper saw her trying to hide a wine bottle.

The trooper told the Seattle Times that there were “some acts intimacy going on in the vehicle that were best saved for not driving down the freeway.” He warned people that being distracted is as dangerous as being impaired, adding “I can’t think of anything more distracting as this.”

The driver should get a qualified attorney to see if embracing while driving is an actual law in Washington.

Contrary to the recent actions of a Pennsylvania man, DUI does not stand for “Didn’t Use Intelligence” but is rather short for driving under the influence of alcohol or drugs. I’m guessing Alin J. McNeely couldn’t have told you this when he was recently pulled over on suspicion of DUI in a vehicle that was missing a tire and a wheel. Contrary to what you might think, McNeely was not caught in Fred Flintstone’s ride. A short blip on the radar screen of The Sentinel detailed how Middlesex Township police said that the 31-year-old McNeely was pulled over on the Harrisburg Pike in a white Nissan coupe that was missing a front wheel and without a tire on the rear wheel.

To no surprise, McNeely was charged with DUI, taken to the Carlisle booking center and detained at Cumberland County Prison. There was no word whether McNeely was eventually bailed out by Wilma, Pebbles, Dino or loyal friend-to-the-end Barney Rubble. 

A Toronto, Ontario man was fined for drunk driving while in a motorized wheelchair. Around the United States, courts have disagreed about what constitutes a vehicle. In the U.S.A., riding a horse drunk, on a street, can get you a DUI, but operating a Zamboni, in an ice rink, cannot.

Now, Ontario has an interesting case. Patrick Shanahan was stopped by police while operating a motorized wheelchair. He was on his way home from the pub in his mother’s wheelchair. Shanahan is a self-described alcoholic, who has a prior impaired driving conviction.

Shanahan said “I don't need a license to operate it, I don't need insurance and I don't need license plates to operate it.” I would have to believe he was convicted more because the judge was outraged at his bizarre attempt to avoid a DUI. Shanahan was order to seek counseling. Hmmm.

An Anderson Township, Ohio man got a ride home from his son. Greg Greene was pulled over at about 2:30 am the other night. It turned out Greg was only 15-years old. His passenger was his father who was drunk. Greene had been at an undisclosed bar with his son. Rather than getting a DUI, he had his son drive home. Now he’s in even more trouble.

Greene is charged with drug possession, endangering children, possession of open flask, and a misdemeanor drug abuse charge.

It was a nice try to do the right thing, but an Ohio man was still arrested for DUI. Jeremy Clary had been golfing and drinking all day, but had to get to a friend’s wedding eight miles from the golf course. Believing that he was too intoxicated to drive his truck, he borrowed a golf cart instead. When arrested, on the way back to the golf course, he reportedly had a blood alcohol level (BAC) of more than twice the legal limit for DUI in Ohio. A video shown on television shows him almost falling down during field sobriety tests.

Clary said he thought it was safer because the cart could go no faster than 10 mph.

A 15-year-old-boy was arrested for DUI in Brewster, New York. The youth, whose name has not been released, was pulled over for driving erratically. He has been charged with DUI and refusing to submit to a breath test. The boy and his passenger were taken to the Brewster police station and his father was called to come pick him up.

A Brewster police sergeant said: “unfortunately it seems to be a somewhat disturbing trend that more and more juveniles are not only engaging in this misbehavior but then furthering the danger of it by going out and driving.”

Colorado law enforcement agencies made 625 arrests for drunken driving over the Memorial Day weekend. Across the country, states conducted well publicized DUI crackdowns over the holiday weekend. Following the weekend, states announced crackdown arrest statistics.

Before the weekend, Colorado aired television commercials announcing its “Heat In On” campaign. Over the weekend, eight people died in traffic related accidents. According to state officials, half of the deaths were alcohol related.

Last year, there were 708 DUI arrests over the Memorial day weekend. Officials say the next Colorado Heat Is On campaign will be over the Independence Day weekend.

A Florida driver, pulled over for DUI, faces felony charges of bribery. Mark L. Tearney offered two Brevard County Sheriff’s deputies $500 to take a breath test in his place. He has been charged with two counts of bribery, along with a misdemeanor DUI charge and a citation for speeding in an enhanced penalty zone.

The officers were watching for speeders in a construction zone when they clocked an SUV doing 106 mph. Allegedly, during field sobriety tests, Tearney said “I know this is a stupid question but what if I gave you each $500 to take the test for me.” Tearney has two previous DUI arrests.

The daughter of United States Supreme Court Justice Antonin Scalia was sentenced, in a Wheaton, Illinois, court to 18 months probation after pleading guilty to DUI. Ann S. Banaszewski accepted a plea deal under which prosecutors dropped four other charges including and failure to secure a child younger than age eight in a child-restraint system. Along with probation, she was given 140 hours of public service and was ordering to attend counseling sessions.

Banaszewski was arrested driving away from a fast-food restaurant with three of her children after someone called police to report a drunk driver.

Justice Scalia has long been known as a law and order hawk who continually rules to increase criminal sentences and decrease defendant’s rights. Should his daughter have taken a jail sentence as an example to others?

The Arizona Governor’s Office of Highway Safety released results from its Memorial Day crackdown on DUI showing hundreds of arrests for drunk driving. From Friday through Monday, police officers stopped 4,737 drivers. They arrested 320 on suspicion of DUI. Of those, 94 were charged with Extreme DUI, driving with a blood alcohol level (BAC) of at least 0.15 percent. The legal BAC limit for DUI in Arizona is only 0.08 percent.

Officials said the average BAC was 0.144 percent. Don’t ya gotta wonder what the highest BAC was?

A California driver, suspected of DUI, was struck by another driver, also suspected of DUI. Pedro Martinez was driving in Costa Mesa California when his car was broadsided by a vehicle driven by Michael Escobedo. Martinez was hospitalized in critical, but stable condition. His passenger was treated for minor injuries.

Escobedo is being held on bond, under suspicion of DUI. It is unknown whether Martinez will be charged with DUI.

Please take this tale as a warning. You may be driving ever so perfect, but if you’re over the blood alcohol limit (BAC) for DUI of 0.08 percent, and you’re struck by another vehicle, you might be arrested and charged with DUI. The most important person in your life could then become your lawyer.

Houston, Texas judges will be on-call this weekend to provide police officers with court-ordered warrants to take blood draws from suspected DUI drivers who refuse to submit to breath tests. A police officer can call the judge and get a warrant signed almost immediately. Harris County District Attorney Chuck Rosenthal said officers should be able to get a warrant and have blood drawn within 10 to 15 minutes of stopping a driver suspected of DUI.

Along with the on-call judges, Mothers Against Drunk Driving (MADD) is paying for nurses to take blood from suspected DUI drivers.

Rosenthal said this blood draw program is important because “Juries have a difficult time convicting on cases where we don't have any scientific evidence.”

An Arkansas man was arrested for DUI at a McDonald’s drive up after he fell asleep in the drive-through lane. A McDonald’s employee called police after waiting 15 minutes for Terrance Forte to pull up to the pick-up window after ordering a late-night snack. Police officer William Mahon said he found Forte asleep at the wheel with the engine running and his foot on the brake. Forte tried to give Mahon $10 for his food when Mahon woke him up.

A breath test showed Forte’s blood alcohol level (BAC) was 0.19 percent, more than twice the legal limit for DUI in Arkansas. Forte was cited for his third drunk-driving charge and was later released.

A Janesville, Wisconsin man was ticketed for unreasonable speed and driving left of center early Monday morning. Although he had a preliminary breath test showing a blood alcohol level (BAC) of 0.12 percent, he was turned over to a “responsible” adult and released. Two hours later he was killed when he was ejected from his rolling vehicle.

When initially stopped, Jason L. Stacey, told a police officer he had been drinking. He submitted to a breath test which showed his BAC was above the legal limit for DUI of 0.08 percent. Nonetheless, the officer said he did not arrest Stacey because he passed three field sobriety tests, had few or no clues of intoxication, did not smell of alcohol, did not have glassy eyes or slurred speech, and did not exhibit any other signs of intoxication.

Captain Dan Davis said bad driving and a preliminary breath test over the legal limit do not constitute probable cause for DUI. The officer still felt uncomfortable about allowing Stacey to drive. Stacey told the officer his friend was being picked up at a bar by his pregnant wife. The officer gave him a ride to the bar where his friends were waiting for him. The woman told the officer she’d take care of Stacey.

The next time police had notice of Stacey was to collect his body.

A Muskego, Wisconsin man was arrested on suspicion of DUI and injuring a passenger while operating a golf cart. Around the country, states have their own rules about operating “vehicles.” We’ve talked about people operating automobiles, motorcycles, bicycles, horses, and even Zambonis. Now we get to look into golf carts.

A 47-year man was driving a golf cart when his passenger was thrown from the cart and struck his head. The passenger was taken to a Janesville, Wisconsin hospital and treated for severe head trauma.

In the New Jersey, Zamboni case, the judge ruled that driving a Zamboni while intoxicated was not DUI because a Zamboni isn’t a vehicle that can be driven on the roads. A golf cart, on the other hand, has long been considered a vehicle. The gentleman, in question, will likely be charged with DUI.

A Syracuse, New York man was sentence to 20 years to life in prison following his seventh DUI conviction. Ronald Daggett was convicted, most recently, of riding a motorcycle drunk and impaired by drugs. In 1982, Daggett killed a man in a DUI incident.

After his sixth DUI conviction in 1999, Onondaga Judge Joseph Fahey warned Daggett that he could face a life sentence if he got into trouble again. He then sent Daggett to prison for two to six years for DUI and aggravated unlicensed operation of a motor vehicle. Daggett was released in 2003. The Judge also suggested whoever issued Daggett a license following his release from prison should be standing in court alongside Daggett.

A New York driver convicted of repeat DUI offenses faces a life sentence. Ronald Daggett Jr. will be sentenced tomorrow as a persistent felony offender for his most recent DUI (DWI in New York) conviction.

Onondaga County Judge Joseph Fahey wrote, in his decision, that Daggett’s history of DUI over the past twenty-five years “manifests a lethal disregard for the safety of others.”

Daggett could be sentenced from 15 years to life in prison. He has five previous felony convictions, four of which are for felony DUI. In 1982, he was convicted of killing another driver in a DUI crash.

An Ohio man was arrested on suspicion of DUI after he stuck seven cars in Waynesville, Ohio.  Robert Hoskins was released from jail, following ten days for repeat DUI, just two days before the incident.  Despite his scarlet letter license plates, Hoskins managed to avoid police for twelve miles, following a spate of calls to 911.

A police spokesman said they’re waiting for laboratory tests to determine Hoskins’ blood alcohol level (BAC).  I have to suspect his BAC will be well over the legal limit for DUI in Ohio.

Hoskins faces numerous charges, including speeding, operating a vehicle while intoxicated, and fleeing, and eluding.

A Bendorf, German man’s attempt to pass his driving test ended when his examiner directed him to a police station. He was arrested for DUI.

The man arrived for his test reeking of alcohol. When questioned, he denied having anything to drink, so his test commenced as usual. The examiner said the man’s driving was “rather bad,” so the examiner directed him towards the police station without the him noticing. When they arrived, a breath test showed the man’s blood alcohol level (BAC) was three times the legal limit.

The young man can forget getting a driving license for a few years.

A New York woman whose back was broken by a falling fan at Shea Stadium has filed suit against the New York Mets Baseball Club and their beer vendor.

Ellen Massey claims that an unidentified, “fat man,” was falling-down drunk when he fell into her and crushed her back.  She needed to have two rods put in her back.  Massey says vendors should have cut him off before he stumbled into her. The man fled after the fall. The vendor is seeking to identify him.

Massey's complaint asserts it was “the duty and obligation of [the vendor] not to sell alcoholic beverages to spectators and patrons who appeared to be intoxicated at Shea Stadium.”

The vendor had also being sued for a 2005 DUI incident that left a 2-year-old girl paralyzed.

An Aurora, Illinois company plans to launch a towing service to help prevent DUI. Around the United States, many DUI drivers will tell you they drove because they had to get the car home. Now, Smith Companies has introduced a towing taxi service they call NDUIT (No DUI Tonight). The service will allow nearby Naperville, Illinois bar patrons to get a lift home in a tow truck that will haul their cars with them.

But, it ain’t cheap. An unscheduled pickup will cost $85 plus $2 per mile. A pickup, scheduled by a driver that anticipates he’ll need it, will only cost $65 plus the towing fee. Of course, the couple of hundred dollars a ride may cost is still much less than the several hundred dollars a DUI can cost.

Naperville’s liquor commissioner wished the company luck, but wondered whether having a fleet of tow trucks on downtown streets at closing time might snarl traffic. What ??? The liquor commissioner is more concerned with slow traffic than protecting people?

Naperville Police Captain, Gary Bolt, is also skeptical. He wondered how useful a towing service is when a potentially DUI driver could get a taxi ride home and back to the tavern for much less. Sorry Captain Bolt, but anything to protect drivers is worth it.

What was apparent, has now been confirmed. St. Louis Cardinals’ pitcher Josh Hancock was drunk when he ran into the back of a parked tow truck. Unfortunately, Hancock was not stopped for DUI before it was too late. He was not only well over the legal blood alcohol limit for DUI in Missouri, he was talking on his cell phone.

Hancock was DUI, speeding, and talking on his phone, when he struck the tow truck. Hancock had a blood alcohol level of 0.157 percent, nearly twice the per-se BAC limit. Police also found over eight grams of marijuana and a pipe in his vehicle. Toxicology tests have not been completed.

Hancock was not wearing his seat belt, but police said the seat belt would not have helped in this case.

A Washington State Trooper pled not guilty to a charge of sexual misconduct stemming from the arrest of a female driver for DUI. Trooper Carlos Torres is charged with “custodial sexual misconduct.”

A drunk driving suspect claims Torres fondled her and touched her private areas while she was in the back seat of his squad car.

Several other Washington State Troopers have been accused of sexual misconduct by their female arrestees.

A State spokesman said they know that alleged victims are vulnerable to the power of law enforcement officers, but the law enforcement officers themselves are vulnerable to false charges.

Saratoga, New York prosecutors will drop DUI charges against a 58-year old Queensbury woman who was involved in a fatal motorcycle crash. A Saratoga County district attorney said that a new blood test indicated that Kay Van Avery had a blood alcohol level (BAC) of 0.02 percent, well below the legal limit of 0.08 percent. A Sheriff’s Office investigation determined that the speed of the motorcyclist was a contributing factor in the accident.

Van Avery was initially charged with misdemeanor DUI, failure to yield the right of way, and unlicensed operation of a motor vehicle. The DUI charge was based on an initial breath test indicating Van Avery had a BAC of 0.06 percent.

A Sandusky, New Jersey man was arrested for DUI while he was driving to an Alcoholics Anonymous meeting. He registered a blood alcohol level (BAC) of 0.10 percent, above the legal limit for DUI in New Jersey.

Anthony Blake was pulled over after a police officer recognized him. This officer realized he was driving while his privileges were suspended. Blake told the officer he was not dunk and he had his last drink at about 4:00 am. He was pulled over at 9:52 am.

A Florida driver was charged with vehicular homicide and DUI manslaughter after he struck and killed a motorcyclist. Andrew Barnes was driving the wrong way down the street and took no action to avoid the crash. Police officers suspected he was driving under the influence, but when a blood test detected no more than marijuana in his system, the officers were stumped.

Police later found two cans of compressed air in Barnes’ car. Further blood tests showed he was high on the aerosol used to clean computer keyboards. The sprays are harmless if used properly. But, the can contain difluoroethane, a chemical that causes an instant high, or even death, if sucked into the lungs. This new drug craze is popularly called “huffing,” or “dusting.”

The Substance Abuse and Mental Health Services Administration has released data showing that, in 2005, 1.1 million kids huffed household products, including furniture polish, dust remover, and air fresheners. Some of them died.

The high court of Iowa overturned a lower court ruling that results of a DataMaster DUI breath test device were too unreliable to be used as evidence. Courts throughout the United States have been wrestling with this issue of the reliability of DUI breath tests.

Aaron Stohr had been stopped by an Iowa state trooper. The trooper noticed a container of beer and indications that Stohr had been drinking. Stohr failed a sobriety test and was taken to the police station, where he submitted to a breath test, using a DataMaster device. He registered a blood alcohol level (BAC) of 0.114 percent. The per-se legal limit for DUI in Iowa is 0.08 percent BAC.

Stohr challenged the result of his breath test, claiming the DataMaster’s internal programming was unreliable. The trial court agreed. The State Supreme Court, however, ruled the DataMaster to be sufficiently reliable, noting that the device had been reviewed and approved by the public safety commissioner.

The Iowa Court said a driver can challenge the reliability of his particular breath test in court, but the result of the test will still be allowed as evidence.

A Mount Joy, Pennsylvania motorcyclist was arrested for DUI. Kraig Anthony Lackey was observed doing 130 mph in a zone limited to 55 mph. He was charged with DUI, fleeing police, speeding, reckless driving, and inspection and other motor vehicle violations.

Crotch rockets and drinking don’t really mix, do they?

An elderly driver was arrested and charged with DUI in Harrisburg Pennsylvania while driving to his DUI hearing. If you need a drink to go to your DUI hearing, you probably need help with your drinking.

74-year old Anthony R Lilly was arrested after he struck a guardrail as he was driving to his hearing. He refused to take a breath test. When Lilly was arrested in February, he had a blood alcohol level (BAC) of 0.259 percent, more than three times the legal limit for DUI in Pennsylvania.

Lilly told a news-reporter that he could not remember the most recent incident. He also said he’ll have to quit drinking; “they’re going to force me to stop.”

A little old lady, 73-year old Lahja Pohjoisrinne, was arrested for DUI in Sault Ste Marie, Ontario. The woman backed out of her driveway, struck a pole on the opposite side of the street, then continued to drive, backwards, through the parking lot of a church until she struck a parked car and the front step railings of the church.

When Police officers arrived, they detected an odor of alcohol. Pohjoisrinne was taken to a local hospital. No breath test results were released.

The photograph accompanying an article on the little old lady, in the Sault Ste Marie newspaper, shows a parking space reserved for drunk drivers. The space has a tree in the middle of it.

The Woodinville, Washington woman who set a Washington record for blood alcohol content (BAC) is a former police officer. Deana F. Jarrett, who registered a BAC of 0.47 percent, is being held in King County jail on a $250,000 bond. The Washington State Patrol said she was arrested in her home because, after two arrests for DUI last week, she was considered too dangerous to the community.

When troopers arrived at her home, Jarrett refused to cooperate. She was only taken into custody after officers had removed a window air-conditioner and prepared to enter her home through the opening. Troopers said she was highly intoxicated at the time.

Jarrett had been working as a passenger screener and supervisor for the Transportation Security Administration (TSA) at the Seattle-Tacoma airport. She resigned after being released from jail last week. In recent years, Jarret has struggled with alcoholism, including having her 11-year daughter removed from her home by state officials.

Jarrett left the Seattle police department in 1998 following a contentious sexual harassment lawsuit against the department. She claimed she had been subjected to anonymous letters, cartoons in her mailbox, and a bomb threat on her truck at her home.

A Woodinville, Washington woman registered a blood alcohol level (BAC) or 0.47 percent, almost six times the legal limit for DUI in Washington. Deana F. Jarret set a record for Washington. A BAC of 0.40 percent is potentially lethal.

An urgent-care doctor said that for someone Jarret’s size, 5 feet, 5 inches tall and between 130 and 140 pounds, it would take about a fifth of liquor, 25 ounces, in a short period of time to reach such a high BAC.

Jarret was arrested after two different traffic collisions. Police found five empty four-ounce vodka bottles and two empty beer cans on the front passenger seat. A Redmond police spokesman said that most people pass out around 0.35 percent BAC.

Of the 356,000 breath tests given in Washington since 1998, only 35 have registered a BAC above 0.40 percent. No one had registered above 0.45, before Jarret.

A Northbrook Illinois man, arrested for DUI, hung himself in a Cook County Illinois jail. Chong Sim was arrested Tuesday night on suspicion of DUI and taken to a jail facility where he was charged with felony DUI. He was appear for a bond hearing this morning.

Deputies said there was no indication that Sim was suicidal but, nonetheless, followed protocol for all arrestees by removing his belt and shoelaces and placing him a cell by himself. At about 2:45 am, Sim asked for something to drink and was given a bottle of fruit juice. When deputies returned fifteen minutes later, he was found hanging by his pants. They called 911, but he could not be resuscitated.

One must wonder what else was going through the man’s mind. Losing your driver’s license isn’t worth suicide.

A Virgin Atlantic pilot was arrested just prior to takeoff on suspicion of being over the blood alcohol content (BAC) limit for operating a commercial jet. Virgin Atlantic asserted that the pilot’s breath test failure was caused by his diet. The pilot has been cleared of drinking and flying charges.

Police arrested the pilot at London’s Heathrow Airport before a New York bound flight. Security staff had tipped off police to their suspicion that the pilot had been drinking. An initial breath test showed the pilot to be over the legal limit for drinking and flying. A follow-up blood test showed “the amount of alcohol in the blood was consistent with that of a non-drinker.”

A Virgin Atlantic spokesman blamed a diet the pilot was on for the mistaken breath test result. He said some diets lead the body to generate increased levels of acetone. “It smells like alcohol on someone’s breath.”

Cody Nicole Rodbell, daughter of Scottsdale Arizona’s police chief, may not have been DUI after all. In most states, police officers take two breath samples, one they test, the other they save for later testing. Rodbell’s first test showed a blood alcohol content (BAC) of 0.081 percent, slightly above Arizona’s legal limit for DUI. Her second sample was a blood draw taken at a health clinic soon after her arrest. The second sample showed a BAC of only 0.072 percent, below Arizona’s limit for per-se DUI.

Rodbell has not been charged. She could be convicted of DUI, but her second BAC test would refute the State’s argument that she was DUI per-se. The State would have to provide additional evidence she was DUI.