1. Welcome to SportsJournalists.com, a friendly forum for discussing all things sports and journalism.

    Your voice is missing! You will need to register for a free account to get access to the following site features:
    • Reply to discussions and create your own threads.
    • Access to private conversations with other members.
    • Fewer ads.

    We hope to see you as a part of our community soon!

Do you believe in having one too many margaritas? YES!

Discussion in 'Sports and News' started by H.L. Mencken, Apr 21, 2013.

  1. DocTalk

    DocTalk Active Member

    Under wins it at 5 hours.
    http://espn.go.com/nfl/story/_/id/9196392/al-michaels-nbc-arrested-alleged-dui-california

    Reportedly blew greater than 0.08 but no specific number given. If one were to do the math: the body metabolizes alcohol at a rate of between 0.015 and 0.02 (about a drink an hour). 5 hours would potentialy put his arrest level at .08 + (5x.015) or about 0.15

    The actual number will likely be disputed by attorneys since a blood test cannot be demanded without a court order.

    Sadly, drinking and driving remains a rkiller in the United States and society has yet to decide that it is an unacceptable behavior. first offenses are usually misdemeanors, though car wrecks that kill people don't discrimnate between 1st, 2nd or 6th DUI.

    No winner in this story.
     
  2. franticscribe

    franticscribe Well-Known Member

    Couple of points: breath alcohol content is admissible in the vast majority of American jurisdictions, so blood alcohol is irrelevant if there is a breath test and no blood was taken. It's pretty rare to do both a breath test and a blood test. If the officer gets the breath, there's usually no reason to also get blood.

    The breath test (commonly referred to as a Breathalyzer, although that's a particular brand) is typically done anywhere from 45 minutes to 2 hours after the stop, depending on a ton of factors. The roadside breath test is not scientifically accurate enough to be introduced into evidence, so the driver gets taken to a place where there are instruments which are accurate enough to be used as evidence.

    The relevant time frames are the stop and then the time where the breath test was administered. The amount of time someone spent in jail should be irrelevant because that's the time after the breath test has already been completed or refused.

    If there is a competent breath alcohol measurement of .08 or greater, most states require juries to presume impairment.
     
  3. MileHigh

    MileHigh Moderator Staff Member

    And usually, they give you the choice of doing the breath of having the blood drawn.

    He probably had a couple of drinks, and since he blew a .08, felt he was fine (as opposed to shit-face drunk and blowing a .14 or some sort).

    Don't know California's laws for first-time offenders, but he's probably looking at probation, loss of license, fine, alcohol classes.
     
  4. HanSenSE

    HanSenSE Well-Known Member

    First offense, anywhere from 4 days to 6 mos. at the greybar hotel, fine up to $2,600, license suspension and, depending on jurisdiction, an ignition device.

    http://dui.drivinglaws.org/california.php
     
  5. MileHigh

    MileHigh Moderator Staff Member

    It's also a borderline number, so it'll most likely get pleaded down.
     
  6. Drip

    Drip Active Member

    One for the road please.
     
  7. DanOregon

    DanOregon Well-Known Member

    Those DUI checkpoints are no joke. Was once heading home one night from work and saw one set up and decided to drive around it because I didn't want to wait (I hadn't been drinking) - a cop was in my rear view mirror before I even completed the turn onto the side street. So yeah, it's legal to avoid them, just be sure you haven't been drinking.
     
  8. Chef2

    Chef2 Well-Known Member

    I remember the old story of Al doing a blowout MNF Game at Arrowhead many years ago......the loonies under his broadcast location start "Lets Go Drinking......"......Al holds out a small bottle of Jack Daniels to appease the villagers.
     
Draft saved Draft deleted

Share This Page