Ad running in Idaho urges people not to vacation in Utah over new .05 DUI law

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SALT LAKE CITY — An ad running in an Idaho newspaper is urging people to skip Utah as a vacation spot in protest of the new .05 DUI law.

The ad, paid for by the American Beverage Institute, a liquor industry lobbying group, ran in Tuesday’s Idaho Statesman. It declares that it’s “time for Idahoans to rethink their vacation plans.”

Similar ads ran in both of Salt Lake City’s daily newspapers in an effort to pressure Governor Gary Herbert not to sign the law. He did, but announced that he would call lawmakers into special session to address “unintended consequences.”

The law drops Utah’s Blood Alcohol Concentration level from .08 to .05, the lowest in the nation. Restaurant groups have pushed back against the bill, saying it will scare people from dining out. The Utah Highway Patrol has said it did not plan to change current enforcement plans to reflect the new law, noting they must still pull people over for suspected “impaired driving” and arrest them before conducting an intoxication test.

The ad, which takes aim at Utah’s multi-billion dollar tourism industry, drew a sharp rebuke from Gov. Herbert’s office. The governor was in New York City on Tuesday for meetings on economic development issues.

“It is not surprising that on a day when Utah is front and center in national media for having the recipe for economic success that interests in local states, envious of our record for economic development and quality of life, would try to misrepresent our evidence-based efforts to improve public safety,” Herbert communications director Paul Edwards said in a statement to FOX 13.

In its own statement, American Beverage Institute said lawmakers should not have passed the law in the first place.

“What’s most disappointing is the Utah legislature is missing an important opportunity to target the hardcore drunk drivers who cause the vast majority of traffic fatalities. Most fatalities related to alcohol occur at levels more than 3 times Utah’s new arrest level. While focusing on attacking responsible consumers—not to mention vacationers—they ignore the dangerous alcohol-abusing fringe,” ABI Managing Director Sarah Longwell said.

http://fox13now.com/2017/04/25/ad-ru...ew-05-dui-law/

That's right, stay out of Utah. It is a bad place to vacation. Nothing to see here in Utah, really.


(If this helps open up more available permits in Zion then I say well done legislature!) :haha:

Isn't it interesting that many people are okay with drinking AND driving?

A substance that is a downer and lowers response times while driving a weapon on the road, is acceptable to people...

I mean why not make texting and driving legal again then?

Of course people don't want sloppy driving...but a little intoxicated - sure, go at it! Why not allow taking an ambian and driving?


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^^^This is the problem with non-drinkers passing drinking laws.... They are clueless.

A cup of coffee or a Coke probably has an equal effect on your motor skills as a single drink.

Since you want to compare it to texting think of .08 as listening to the radio while driving.

Basically there comes a point where you are getting ridiculous with the laws, where you are really legislating morals and not safety, and where you are creating criminals out of honest citizen's.

In this situation I think it would be best for those who drink alcohol and understand it better than the non drinkers, should be making the law.

Some folks aren't impaired with .08 levels.

Now the real issue is, if you have 1 drink with your meal, are you going to be driving in a way that attracts attention from the police? If not, you're good. If you get pulled over, and perform a sobriety circus show with flying colors, then that 1 drink is undetected. But if you're having some difficulty driving on 1 drink and can't pass the circus show tight rope walk, then it may be proof that you can't handle the 1 drink and you shouldn't be driving.

Bottom line, if 1 drink is no problem for you, don't drive like it is, and you should be fine. But I know you can't slap a standard number on every body type and expect them to handle alcohol the same way.

As for the ad, cool. Can we get it published in national publications as well?

^^^Again, someone who doesn't understand what they are talking about.

First rule if pulled over for any reason and asked to perform a road side soberity test is to politely decline and ask for your lawyer to be present if any information being gather can be used against you in a court of law. You do NOT have to perform any 'circus' test and you are basically a total dumbass if you do.

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Originally Posted by Sombeech

Now the real issue is, if you have 1 drink with your meal, are you going to be driving in a way that attracts attention from the police? If not, you're good. If you get pulled over, and perform a sobriety circus show with flying colors, then that 1 drink is undetected. But if you're having some difficulty driving on 1 drink and can't pass the circus show tight rope walk, then it may be proof that you can't handle the 1 drink and you shouldn't be driving.

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Maybe...

http://utahstories.com/2015/07/beau-...d-be-a-target/

When I was younger, I did the roadside hokey-pokey a bunch. I think the po po, in some areas, targeted younger males driving at night. I always passed, but, my experience was that the test isn't designed to see if your motor skills are up to snuff, but, to also test your memory and mental acuity, and, after that, your attitude.

And, under the duress of lights flashing, an intimidating officer, confusing questions about what circus act to perform, and your life (career, income, etc) flashing in front of your eyes...its difficult to take a field sobriety test.

And, nowadays, you blow into the tester (I'm guessing after they place your under arrest). Or a blood and/or urine test. Good times.

Based on body weight, I can have a couple of drinks with a meal at a restaurant. But, .05 kills girls' night out.

That said, we'll be in line with Europe and many other countries. No one wants a drunk behind the wheel.

Anyhoo...

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Originally Posted by Iceaxe

^^^Again, someone who doesn't understand what they are talking about.

First rule if pulled over for any reason and asked to perform a road side soberity test is to politely decline and ask for your lawyer to be present if any information being gather can be used against you in a court of law. You do NOT have to perform any 'circus' test and you are basically a total dumbass if you do.

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I beg to differ, I do understand what I'm talking about :cool2: I've been stopped several times at DUI checkpoints.

Even though I wasn't drunk, I considered filming the whole thing, asking for a lawyer, "flexing my rights" and all that stuff. Or I could bypass a potential 1 hour ordeal and be out of there in 30 seconds.

I understand, some cops will find a way to see what they want and will do anything to reach their agenda. I agree, I've been fortunate enough to not be taken advantage of, or screwed over by police harassment, and I certainly know that it does happen. Video is a GREAT way to put everybody in check. Strange enough, those who don't exceed the alcohol limit, overwhelmingly pass the DUI tests.

I always have a dashcam rolling too, so if they accuse me of drifting into lanes, I can shut them up pretty quick.

But I agree this policy should be amended.

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Originally Posted by Sombeech

I beg to differ, I do understand what I'm talking about :cool2: I've been stopped several times at DUI checkpoints.

Even though I wasn't drunk, I considered filming the whole thing, asking for a lawyer, "flexing my rights" and all that stuff. Or I could bypass a potential 1 hour ordeal and be out of there in 30 seconds.

I understand, some cops will find a way to see what they want and will do anything to reach their agenda. I agree, I've been fortunate enough to not be taken advantage of, or screwed over by police harassment, and I certainly know that it does happen. Video is a GREAT way to put everybody in check. Strange enough, those who don't exceed the alcohol limit, overwhelmingly pass the DUI tests.

I always have a dashcam rolling too, so if they accuse me of drifting into lanes, I can shut them up pretty quick.

But I agree this policy should be amended.

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Plain and simple, people don't like their vices being changed. Hence the complaint. Again, it doesn't effect how MUCH they consume - but rather how much they consume AND drive. Nothing more.

And the total "Mouthwash DUI" is a farce in my opinion. A red herring. A DUI lawyer that was on Kber 101 (radio station) said that "mouth alcohol" was mostly gone from your mouth in 15 minutes. So from gargling listerine, getting your keys for your car, to getting pulled over with that alcohol left, is a far exaggeration of the "hordes" of people being pulled over for a " listerine DUI."...

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Originally Posted by jman

And the total "Mouthwash DUI" is a farse in my opinion. A red herring. A

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What about the Medical Marijuana Listerine, and for those who have seizures that can't get access to fresh breath?

This is very entertaining, keep it going! :haha:

For the record, I don't drink and am even a Mormon, but....

Utah Logic:

Having one drink = bad, satanic, evil, unhealthy; requires as much government regulation as possible.

Doing anything about the terrible and unhealthy air pollution = Evil socialism; government needs to stay out and mind their own business.

This ain't nothing compared to the restrictive "punctured lid" daiquiri laws in New Orleans. Poor Cajuns.

https://www.pastemagazine.com/articl...-daiquiri.html

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I’m behind the wheel of my car, ordering alcoholic frozen daiquiris from a drive through window. Welcome to Louisiana. (Extra shots available upon request.)
Drive through daiquiri joints dot the landscape here in Southern Louisiana, and are a point of pride among the locals. Yes, we can order booze from our car, all without unbuckling the seatbelt.
I moved here last year from New York City – where an open container of Crystal Light can get you the side eye from police – to suburban New Orleans where it’s open season on open cups.
At first I figured “daiquiri” must mean something different down here than it did at home. After all, my new home comes with its own culture, its own slang and its own set of rules. I kept seeing daiquiri shops with as much frequency as McDonald’s or the ubiquitous Waffle House. No way, I thought, do those drinks have alcohol in them.

“Do daiquiris mean smoothies?” I asked a friend.

“Well, yeah they are like smoothies, but they have alcohol in them,” she replied.

Mind. Blown.

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For your viewing pleasure: ( I give clients copies of this little thing for DUI cases) Calculate your own BAC !!!

Attachment 86894

As a side note, I don't know any Mormons, non politicians I mean, that pushed for this policy. Nobody in my extended friendship scope has ever pushed for a lower blood alcohol limit for drivers.

There are many, MANY stupid policies and laws written up by legislators that have nothing to do with religious beliefs. Just stupid politicians.

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Originally Posted by Scott Card

For your viewing pleasure: ( I give clients copies of this little thing for DUI cases) Calculate your own BAC !!!

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You should give this to clients for DUI cases......

Guide for Drivers Stopped for DUI in Utah

1. Do not answer any questions other than name and address. Ask for your lawyer immediately.

2. Do not agree to perform roadside tests.

3. Do not agree to have your eyes tested.

4. Do not agree to blow into a handheld breath tester.

5. Do NOT consent to a breath or blood test, if you are asked to take one, if you have been drinking.

6. Be polite. Produce requested documents.

:popcorn:

Quote:

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Originally Posted by Iceaxe

You should give this to clients for DUI cases......

Guide for Drivers Stopped for DUI in Utah

1. Do not answer any questions other than name and address. Ask for your lawyer immediately.

2. Do not agree to perform roadside tests.

3. Do not agree to have your eyes tested.

4. Do not agree to blow into a handheld breath tester.

5. Do NOT consent to a breath or blood test, if you are asked to take one, if you have been drinking.

6. Be polite. Produce requested documents.

:popcorn:

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The risk you run with not complying with the officers request for breath or blood tests (Refusal to submit under U.C.A. 41-6a-520 and 521) is a driver's license revocation of 18 months. Does the officer then request a warrant for a blood draw? That is a whole other legal issue but still possible. Am I saying anything different from what Ice is saying? Depends on your need to drive. The driver's license suspension for a DUI is 120 days (4 months). For many of my clients, the biggest penalty is the driver's license suspension of 120 days, not the record, not the fine. For many, driver's license = job. If you follow Ice's advice, you may lose your license for 18 months and win your DUI case. Pick your poison.

Quote:

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Originally Posted by Scott Card

The risk you run with not complying with the officers request for breath or blood tests (Refusal to submit under U.C.A. 41-6a-520 and 521) is a driver's license revocation of 18 months. Does the officer then request a warrant for a blood draw? That is a whole other legal issue but still possible. Am I saying anything different from what Ice is saying? Depends on your need to drive. The driver's license suspension for a DUI is 120 days (4 months). For many of my clients, the biggest penalty is the driver's license suspension of 120 days, not the record, not the fine. For many, driver's license = job.

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Which makes it a tough call...doing what might be the right thing versus the most expedient or cost effective thing. Weird, but, google DUI Utah and get a zillion law firms giving the same advice.

You can request a hearing? Within 10 days? Then...its guilty until you prove yourself innocent? Seems like the process but...that's kinda crazy.

What if the officer can't show he had a reason to arrest in the first place? Isn't the burden of proof on the state at that point? Maybe the "probable cause" doesn't need to be more than the officer's word? No evidence?

http://www.cityweekly.net/utah/my-ru...nt?oid=2488790

The stat's for gettin' a case kicked is pretty low...like, less than 1 in 10? Bad odds. The state wins these things. And, they seem pretty gung ho to prosecute.

There's plenty of stories like this...

http://www.standard.net/Courts/2016/...e-test-results

And, for every one of those, there's folks who couldn't afford to take a chance to loose their license...

When I leave that pub I just had dinner at...and...the bubble gum machine lights up...and, the officer asks, as they always do, "Sir, have you been drinking?...do I really answer that I don't feel comfortable answering that question without a lawyer present? Ugh...hate to roll that way...

Well...here's to hosting house parties with friends who can walk home...ha ha....

Quote:

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Originally Posted by Scott P

For the record, I don't drink and am even a Mormon, but....

Utah Logic:

Having one drink = bad, satanic, evil, unhealthy; requires as much government regulation as possible.

Doing anything about the terrible and unhealthy air pollution = Evil socialism; government needs to stay out and mind their own business.

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Hit the nail right on the head.

I'm all supportive of "Flexing your rights" and all, I've seen hours of youtube videos with the guy filming the cop pulling them over, repeating and repeating codes and rules while the officer just talks over them anyways.

in 50% of the videos, the cop ends up breaking the window, the driver screaming, pulled out, handcuffed. You may be right, but you piss off the cop and it won't end well. Sure you might win in the end, the end being 8 months down the road. Sometimes the YouTube views and the 12 cents in revenue may be worth it, but other times it's giving other viewers false confidence that they can site a specific rule, and the cop is going to shut up and back away in shock.

All because you were stopped and turned a 2 minute chat into the greatest turmoil of your life. I get it, I do, the cops do need to be reminded of their limits. But hell, if I know I'm under the blood alcohol limit, I'm answering his questions and going home to my comfy bed. YMMV