An off duty Orlando Police Officer, Sean Gilhuly, was arrested Sunday for DUI and Criminal Mischief. A witness called 911 when a white Ford Explorer sat through two green-light cycles. The caller described the driver as being drunk, high, or something. Police responded to the scene where they found an open bottle of peach schnapps in the officer’s vehicle. You can find the story here.
On-duty police officers reported that Gilhuly became belligerent as they transported him to the police station. He turned on his own and began swearing at his comrades. After he kicked out the back passenger window of the patrol car he was restrained in a “special suit.” No word on what that special suit is. Gilhuly refused to take the breath test.
Unfortunately this officer’s “training and experience” did not oblige him to submit to a breathalyzer. Also, unfortunately for him, most states, including Utah, have an implied consent law that requires a person suspected of DUI to submit to a chemical test. Refusal to submit to the test usually results in an 18 month suspension of your driving privileges. The news story did not reveal whether the police obtained a warrant to seize his blood. However, it would not surprise me if they did not get a warrant and do not have a BAC.
Most DUI Lawyers would tell you that it is probably a bad idea to refuse the intoxilyzer breath test. Most of the time the police will get a warrant to seize your blood. Also, if you refuse your license will most likely be suspended for 18 months. So you end up with an 18-month driver license suspension and the police end up with a BAC even though you refused. If you go ahead and submit to the breathalyzer, you may end up with a 120 day suspension for a first offense and the police will have the BAC.
If you have been charged with a DUI in Utah call a Salt Lake City DUI Lawyer for a free consultation. Quick action can be the difference between keeping or losing your license. Every DUI arrest is different and a criminal defense attorney can advise you about the best action to take.
