Updates on Sen. Crapo and Robbins Police Chief

Here are a couple of links to stories updating two of the more notable DUI arrests this week.

Johnny Holmes apologized for his conduct and it appears that a “voluntary resignation” is in the works for the Robbins Police chief.  It appears that the chief has been undergoing a lot of stress in his personal life lately, although he refuses to use that as an excuse for his conduct.  I should also note that the story claims that when Chief Holmes had his 2010 DUI, that a judge reduced his license suspension from one year to one month.  There are two problems with that:  (1)  The Chief should have had a six month suspension because he apparently took a breath test with a result in excess of 0.08; and (2) a judge cannot “reduce” a suspension; he or she can only uphold or rescind it.  It is possible that the judge rescinded the suspension after the Chief had served one month of suspension time, or that the Judge granted a driving permit, which by law cannot begin until after a 30 day “hard-time” period.

Senator Michael Crapo of Idaho does not plan to contest his pending DUI charges.  Also interesting (at least to me) was that it was also revealed that the Senator took a second breath test an hour after the first.  The first test had a BAC of 0.11, the second had a result of 0.14.  To me, this indicates that the alcohol level in Senator Crapo’s blood was rising at the time of the arrest due to alcohol absorption.  Perhaps he was below 0.08 at the time of the arrest?  In the link, ABC consulted with retired University of Washington physiology professor Michael Hlastala (who I once used as an expert in a Chicago DUI case), who suggests that rising alcohol, breathing or other factors could explain the discrepancy.  This is an issue that almost never comes up in Illinois, because our regulations require only one test instead of two (which is the rule in most states).  Two tests are clearly preferable to one, because it provides a chance to compare the results for consistency and accuracy.

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