The 21-year-old was driving with his girlfriend on I-80 in Summit County Tuesday when the two got into an argument. During the fight, the woman was hit in the face, according to a Summit County Jail report. The man then dropped off the girlfriend at a gas station and she called police.
A Utah Highway Patrol trooper pulled the man over late Tuesday morning on I-80 near Coalville. While talking to the man, the trooper reported detecting alcohol on his breath and asked if he had been drinking.
“He said he had five shots of vodka, few beers, and other drinks last night/early morning,” the report states.
The man was given a portable breath test that registered a blood alcohol content of .089 percent, the report states. The trooper then placed the man under arrest and waited for a tow truck to arrive before taking him to jail.
Because of the remote area where the traffic stop was made, the trooper wasn’t able to get back to the police station to administer a test on a machine that measures a person’s blood alcohol content until 90 minutes later. At that time, the man had a .059 blood alcohol content, according to the report.
UHP Sgt. Nick Street said the machine at the police station is the one that gives readings that are admissible in court. Because of that, the man was arrested for investigation of DUI with a .059 percent blood alcohol level and was charged with misdemeanor DUI in Summit County Justice Court on Wednesday.
This will be the first court case where a DUI is being charged at 0.05%. It will be interesting to see what happens.
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