Kentucky DUI Case Put Breathalyzer Burps Under the Microscope

By Mike

In a DUI case in Kentucky, a judge in the case acquitted a man suspected of DUI because of a burp.

According to the Courier-Journal, a judge found Bertrand Howlett not guilty of DUI because the judge had a personal recollection from his experience as a prosecutor of DUI cases years ago that a burp at the wrong time could skew the results of a Breathalyzer test.

Based on that recollection, Howlett was acquitted of the charge that stemmed from when police pulled him over after, according to officials, he was seen speeding and almost driving off the road. Police said he smelled like booze and that he failed a field sobriety test, and they charged him with DUI.

However, Howlett claimed that he had burped just before his blood alcohol content was tested back at the jail—a test in which he blew a 0.15. That burp, he contended, was enough to skew the results of the test. The judge in the case agreed. Police had not, in the judge’s mind, waited long enough after Howlett’s burp for the test to be accurate.

In testimony, Howlett said that the burp wasn’t a loud one, and that in fact no one may have been able to hear it. The machine used to measure his blood alcohol content stated in the manual that police should observe a suspect for 20 minutes before a test is given, in order to make sure that the only substance tested is air from the lungs.

If the test subject regurgitates, for example, police should wait 20 minutes before proceeding.

The DUI case in Kentucky was without a jury, so the judge was left to decide on the matter. He sided with the idea that the burp had skewed the test results, based on his time as a DUI prosecutor for six years while he was an assistant county attorney.

That decision has since moved to the Supreme Court of the state, not to appeal the DUI case decision, but to question whether a judge can admit as evidence a piece of his or her own knowledge. The county attorney’s office called the judge’s use of his own personal knowledge a “manifest injustice.”

Clearly Howlett wasn’t the only one left with a bad taste in his mouth.



DUI Arrest After Woman Drives into Kohl’s Department Store

By Topher

Finding a parking spot at a popular store can be tricky. But the spot Kentucky resident Whitney Lochmueller left her SUV was definitely taken.

Lockmueller’s SUV landed in the women’s department of Kohl’s after her she collided with another vehicle, accelerated, hit a tree and went through the store’s front wall.

The driver was charged with DUI after police found her incoherent and confused at the scene, reports WKYT. Police found a bottle of the painkiller Tramadol in Lochmueller’s vehicle. Though the prescription was filled the day before already a significant number of pills were missing from the bottle, WKYT reports.

After finding her incoherent and confused at the scene, police later charged Lockmueller with DUI. Although she had no alcohol in her system, a DUI arrest may be made if the driver is under the influence of any substance.

She was also charged with criminal mischief and wanton endangerment.

The National Center for Biotechnology Information states that the Tramadol “may make you drowsy and may affect your coordination. Do not drive or operate machinery until you know how this medication affects you.” And that’s assuming she took the recommended dose.

Mrs. Lochmueller’s six-year-old twin sisters were in the SUV’s backseat. No one received major injuries in the crash, though the passengers of the Suburban were taken to the emergency room for some minor injuries.

Luckily, no one inside the store or out on the sidewalk was harmed. Shoppers lent a helping hand to the passengers of the out-of-place vehicle. Once all of the riders were removed, it became the store’s priority to remove the SUV from its impromptu showroom. That process took several hours of hard work by the local fire department.

The store reopened at 8 am the following day after a surprisingly quick clean up. Kohl’s issued a statement that they were very glad no one was hurt, and that they hoped to have the damage completely repaired in a week or so.

Hopefully from now on Ms. Lochmueller will attempt to find a spot that, while not perfect, is also on the outside of the store.