Another pseudo-celebrity gets tagged and released. We typically warn you about checkpoints and DUI patrols on Fridays, but this week, there were no pre-published alerts. While DUI enforcement efforts will almost certainly be happening, you'll be flying blind this weekend.
Linda Hogan is the perfect example of how someone typically gets arrested. She was not caught at a checkpoint. It probably wasn't even a saturation patrol. She was simply pulled over for speeding, reports TMZ.
Her blood alcohol content was measured at 0.084 percent, barely above the legal limit of 0.08 percent. We don't yet know if that was the Breathalyzer administered at the station, or a preliminary test administered in the field. We can be almost certain that it was not a blood test, as those typically take weeks to return from the lab.
Linda Hogan's representative released a statement admitting that Hogan had consumed a single glass of champagne on an empty stomach at a jewelry function. Her antibiotics supposedly exacerbated the effects of the alcohol.
That defense might not work. Driving under the influence of alcohol or any drug, legal or illegal, can result in a DUI if the driver is impaired. A better defense might be attacking the margin of error of the BAC test or trying the rising BAC argument. Breathalyzers have a small margin of error. Preliminary screenings have an even larger margin of error. So in Hogan's case, if the margin of error is more than 0.004 percent, her BAC at the time could have been below the legal limit.
The rising BAC theory might also be a plan of attack. When a person consumes alcohol immediately before driving, her body has not yet digested the contents of her stomach. A person's BAC rises as time goes on, until it is fully digested. A credible argument could be made that Hogan's BAC was below 0.08 percent at the time she was driving and pulled over, but ended up being over the limit by the time she was tested.
DUI defense is a tricky field. Every defense is heavily fact-specific and will depend on the amount of alcohol and/or drugs consumed. If you have been arrested for driving under the influence, the best plan is to consult with a DUI lawyer to see what defenses are applicable.
- Consult a Los Angeles DUI Attorney (FindLaw)
- Hulk Hogan's ex-wife Linda Hogan arrested for DUI, denies pro wrestler's sex tape leak sparked her drinking (New York Daily News)
- What to Do When Pulled Over for a DUI: Three Tips (FindLaw's Los Angeles DUI Blog)
- Diets, Diabetes Can Cause False Positives for Breathalyzers (FindLaw's Los Angeles DUI Blog)