Utah Man Arrested For Discharge of a Firearm from a Vehicle

A Utah man traveling in Colorado was arrested earlier today for discharge of a firearm from a vehicle after he fired a single random shot out of a SUV he was a passenger in.

Guns and alcohol

Photo by: Ben Brown

Colorado State troopers responded to a report of a man firing a gun into the air while traveling down I-70 in Glenwood Canyon Colorado. Officers located the vehicle in question and were able to determine that the shot was made by the passenger in the vehicle who was notably intoxicated. 43 year old Ryan Johnson from Fairview Utah was arrested for prohibited use of a weapon and reckless endangerment.

Discharge of a firearm from a vehicle

Officers were not able to determine any malicious motive behind Johnson’s choice to fire a weapon out of his vehicle and there were no injuries reported. Regardless, his actions were distressing to the public and put others in danger. Utah State Code has a law for those trigger-happy individuals who may contemplate firing a weapon from a moving vehicle, even if there was no target in mind. Utah Code 76-10-508 states the obvious: “A person may not discharge any kind of dangerous weapon or firearm . . . from an automobile or other vehicle”; Doing so is a class B misdemeanor.

Firearms, arrows, throwing stars and nunchakus

Colorado, who until now may have not needed a law specifically to deter individuals from discharging a firearm from a vehicle does punish those who do so under Colorado Revised Statute 18-12-106. That section states: a person commits a class 2 misdemeanor if. . . recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow . . . [or] has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance”. That section also criminalizes using throwing stars and nunchakus on others.

Drunken regrets

Sobered up Johnson likely regretted his drunken display of gun-power and will hopefully make the wise choice to gain the assistance of a reputable attorney. Anyone else facing charges related to firearms, vehicles or both of those combined are also encouraged to seek legal counsel.

Increased Alcoholism among Baby Boomers

Baby boomers are all nearing the age of retirement if they haven’t already and studies have shown this generation may have an increased chance of alcoholism, especially among women.

Increased age, increase alcohol use

Photo by: Katina Rogers

The National Institute on Alcohol Abuse and Alcoholism stated in a 2008 study ”about 40 percent of adults ages 65 and older drink alcohol.” Multiple studies conducted since that study in both in the U.S. and the UK have shown a dramatic increase of drinking among older adults than in previous years. Additionally, the amount of alcohol consumed by older adults is also increasing; in many case adults over 65 are drinking more than double the recommended weekly limit.

Older women at higher risk

While there have always been a higher amount of men who drink heavily compared to women, the rate of binge drinking among older women is increasing more rapidly than that of older males. Some theorize women over 65 may be increasing their heavy drinking due to it being more socially acceptable, to handle pain that comes with age, or even to fill the time of a life that may be slowing down with other activities.

Health risks

Photo by: Jeffrey Fairchild

Older women who drink heavily are at an increased risk of severe health problems related to alcohol abuse. According to the NIH, Those who are heavy drinkers could increase health problems such as “diabetes, high blood pressure, congestive heart failure, liver problems, osteoporosis, memory problems, and mood disorders.” They also note that “women typically start to have alcohol-related problems at lower drinking levels than men”. Additionally, many medications that those 65 and older take regularly can have dangerous reactions when mixed with alcohol.

Legal ramifications

Beyond the wide range of health risks, both men and women over the age of 65 should be aware of the legal risks that can be associated with binge drinking.

• As reaction time and memory recall decreases with age, alcohol can magnify this effect. The combination of age and alcohol could increase the chance of individuals putting others in harm whether through trying to operate a vehicle or other heavy machinery or by increasing the chance of accidental home fires that could result in injury or death. The NIH stated “Aging can lower the body’s tolerance for alcohol. Older adults generally experience the effects of alcohol more quickly than when they were younger. This puts older adults at higher risks for falls, car crashes, and other unintentional injuries that may result from drinking.

• Alcohol has been shown to be a factor in many aggravated criminal cases such as homicides, assaults, and sexual crimes. Alcohol does not discriminate in regards to age. Those who have a tendency to show increased agitation when they are drunk at 40 may also face the same reaction when they are over 65. Age is never an excuse for violent behavior.

• In a little over a year, Utah will be decreasing the BAC limit for drivers. Most drivers, especially women who typically weigh less than men, will not be able to drive legally after even one drink. All drivers should consider planning ahead for a designated driver whenever alcohol is to be consumed.

Set limits

The NIH recommends those who are over 65, healthy, and not on medication (or planning on driving) should limit their amounts of alcohol to no more than “3 drinks on a given day” and “7 drinks in a week”. Although alcohol is legal for all adults over the age of 21, it may be wise to recognize problems of binge drinking and take precautions to curb excess drinking before health or legal consequences ensue. For any adult regardless of age that is facing criminal charges stemming from an alcohol related offense, it is best to consult immediately with a criminal defense attorney.

New Utah’s BAC Limit –Necessary Change or Hidden Agenda

With Utah’s BAC limit lowered to a mere .05%, residents are questioning whether or not the change was necessary or if there was a hidden agenda; perhaps increased revenue for the state?

Designated driver needed for a dinner date

BAC Limit

Photo by: Mark Bonica

Beginning in December 2018, anyone enjoying a glass of wine with dinner in Utah may want to call a cab or bring along a designated driver. Utah’s new lowered BAC limit will make it almost impossible for any average person to have a single drink and still be legally safe to drive. Although most distressing vehicle accidents where alcohol is a factor involve drunk drivers with a limit well over the current BAC limit, Utah went ahead and set the bar extremely low with a BAC limit of .05%, the lowest in the nation.

Tourists beware

Speaking of the rest of the nation, those planning on vacationing in Utah need to read up on laws in Utah that differ from where they are visiting from. The big change that may catch tourists by surprise is the lowered BAC limit. The rest of the country shares a similar BAC limit of .08% which Utah had also agreed upon until recently. Now those who travel through Utah, occasionally having a drink but attempting to be good citizens by staying under the BAC limit may end up with drunk driving charges; charges that are not only being called outrageous, but downright expensive.

Money, money, money

Photo by: Ervins Strauhmanis

Photo by: Ervins Strauhmanis

While bars and restaurants throughout Utah are foreseeing the monetary repercussions the new BAC limit will have on their businesses, all Utah residents who enjoy an occasional drink may end up feeling the financial blow as well. Come December of next year, driving with a BAC of .05% or more will result in DUI charges. Driving under the influence of alcohol in Utah is a class B misdemeanor as long as no one was injured and there were no minor passengers in the car. Along with a small stint behind bars and a suspended driver’s license, driving under the influence results in a hefty fine. Although most judges will order an initial fine of $700, it usually ends up costing more than $1,300 after other fees and taxes; More than a thousand dollars for every person that is caught driving under the influence. Until recently, those drivers forking over $1,300 were the ones that pushed the “one drink with dinner” to maybe 2, 3 or more. With the new BAC limit in Utah, there is likely to be an influx of generally responsible drivers facing DUI charges and more money coming out of their pockets.

More DUI arrests equal increase revenue

Losing $1,300 can be devastating to those on a budget or for individuals and families who are living paycheck to paycheck. There are some who won’t be complaining however, and that is the state of Utah. When a hefty fine is paid, the money usually gets redistributed, with a portion going to a state treasury for programs such as: domestic violence activism; school districts; and law enforcement training. The remainder may be divvied up between the courts, cities, and other funds that are not explained entirely. In other words, the state of Utah and all its entities lose nothing with the lowered BAC limit and end up better off financially for it. The residents and business however are the ones losing.

Stay informed on BAC limit

Photo by: Nick Fisher

Photo by: Nick Fisher

It is important for Utah residents or those visiting Utah to stay informed on current laws so as not to be blindsided when they are quickly pulled over by eager to arrest officers. By limiting drinks, taking public transportation, or arranging a designated driver, it may help to keep any extra “alcohol money” from ending up in the greedy hands of the state. For more information on current and upcoming Utah laws including those regarding the new BAC limit, contact a criminal defense attorney experienced in DUI charges.