Strict DUI Laws Not Needed in Arrest of Intoxicated Officer

An officer with the Utah Department of Public Safety was arrested for driving intoxicated and Utah’s strict DUI laws were not needed in this case.

Concerned fellow drivers

Photo by: Ken Lund

Photo by: Ken Lund

A Utah High Patrol trooper pulled over a vehicle north of Panguitch Utah after numerous calls from concerned drivers all reported the vehicle driving erratically. The driver of the car was 35 year old Jason James Whitehead, an armed public safety officer who was more than halfway through his journey from Ogden Utah to Lake Powell for training. Local county officers called to assist noted a bottle of Vodka on the front passenger seat that was halfway empty.

Failed field sobriety tests

Whitehead was arrested for DUI, open container, and carrying a weapon while intoxicated.  Whitehead not only failed his field sobriety tests prior to his arrest, he was barely able to carry on a conversation or walk around on his own. Police reports do not indicate whether a breathalyzer was used to check if Whitehead was legally considered driving intoxicated. From the sound of the situation however, Whitehead was far from being a possible victim of Utah’s new strict DUI laws .

Strict DUI laws of Utah

Strict DUI Laws

(Edited) Photo by: Mark Goebel

The State of Utah has been receiving considerable backlash lately for its strict DUI laws that many deem unfair compared to the rest of the nation. This public outcry comes on the heels of a bill passed to lower the BAC limit in Utah to.05% which is .03% less than everywhere else in the nation who stand at .08%. This lowered BAC limit is set to become law in Utah at the end of 2018. Numerous residents of Utah are opposed to Utah’s strict DUI laws, accusing lawmakers of making money off the social (non-religious) drinker and preying on those visiting from other states who are oblivious to the strict DUI laws. Business owners in Utah such as restaurants and bars are also lamenting the lowered BAC limit as they are likely to be hit financially with the lack of revenue from lowered alcohol sales.

Go for the big fish

While the general public is grateful when a dangerously intoxicated driver such as Officer Whitehead is removed from the road, few residents want or expect every individual who enjoyed a drink with lunch to end up facing criminal charges. This does not strike the majority of people as an appropriate way to spend taxpayer dollars or how an officer should “discharge the duties of [their] office with fidelity”. For more information on Utah’s strict DUI laws or for legal counsel regarding criminal charges, contact a criminal defense attorney.