Total DUI

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.