Information from Commissioner Squires to Law Enforfcement Officers Re: .05 BAC

UPC has been given permission to publish an e-mail Commissioner Squires sent out to law enforcement officers regarding the new .05 BAC so that as prosecutors you are aware of the information they are receiving.  Also included is a fact sheet he included with his e-mail.

Chiefs and Sheriffs,

Some of you have reached out to me wanting to know where the Department of Public Safety stands on the implementation of the new blood alcohol content (BAC) limit change from .08 to .05. As a department, we do not expect a significant change for law enforcement and how DUI enforcement is currently handled. Law enforcement officers in Utah, consistent with national standard, are trained to make arrests for DUI based on impairment and the inability to safely operate a motor vehicle.

Until the new .05 limit takes effect December 30, 2018, we will make sure to communicate and work with our law enforcement partners across the state. This includes working closely with all public stakeholders as this change is implemented.

I’d like to share the following information with you from our Utah Highway Patrol Breath Alcohol Technician Program on how we will continue DUI enforcement and address any misconceptions that may be presented by constituents. I encourage all of you to reference these facts as you see fit. This same information has been passed along to the Governor and his senior staff.

Sincerely,

Keith D. Squires
Commissioner
Utah Department of Public Safety
4501 South 2700 West
Box 141775
Salt Lake City, UT 84114-1775
Office  (801) 965-4062
ksquires@utah.gov

Commissioner Squires .05 BAC Fact Sheet

Use DREs for more than DUI Cases

Recently the Court of Appeals in Iowa issued a ruling in a child welfare case based in part on the fact that the investigating officer of the child welfare case was a certified Drug Recognition Expert. The officer was called to the scene to investigate a threat, and based upon his training and experience as a DRE, believed the complainant was under the influence of a stimulant, likely methamphetamine.

Be willing to think outside the box with our well-trained DREs. They are useful for more than just our DUI-drug cases. Let me know if you have any questions about this or want this specific case.

-Tyson

Expert Witnesses

If you have a defense expert in one of you DUI related cases, please let me know. I might be able to get you important information that can help you prepare for your case with that specific expert.

-Tyson