Test results: Johnson's blood alcohol level was .072 ESPN.com news services
Updated: July 2, 2007, 6:52 PM ET
GILBERT, Ariz. -- Blood tests show former Chicago Bears defensive tackle Tank Johnson's blood alcohol level was below the legal limit when he was arrested on suspicion of drunken driving June 22, police said Monday.
Johnson's blood alcohol level was .072, under the presumptive limit in Arizona of .08 percent, Gilbert police Sgt. Andrew Duncan said. No charges have been filed pending results of a completed investigation, and Duncan declined further comment.
Under Arizona law, Johnson could still face a charge for "impairment to the slightest degree." The state has separate charges for blood alcohol levels of .08 or higher and .15 or higher. The "slightest degree" charge usually accompanies the other charges, but the state does not have to show any blood alcohol level to bring the minimum charge.
Johnson, whose legal name is Terry Darnell Johnson, was arrested when officers pulled him over at 3:30 a.m. for driving 40 mph in a 25 mph zone. Duncan said an officer placed him under arrest because he believed Johnson was under the influence of alcohol. He was released without being booked or charged after providing a blood sample, and police said he was very cooperative.
A message left with Johnson's agent, Bill Heck, was not immediately returned.
Johnson, 25, was released by the Chicago Bears three days after his arrest. The team said it was "upset and embarrassed" by the defensive tackle's legal troubles.
The Bears declined comment Monday.
Johnson had already had been suspended for the first eight games of the 2007 NFL season for violating probation on a gun charge. He spent two months in jail and was released in May.
Last December, police raided the 300-pound Johnson's suburban Chicago home and found six unregistered firearms -- a violation of his probation on an earlier gun charge.
Two days after the December raid, Willie B. Posey, Johnson's bodyguard, was shot and killed in an early morning fight while he and Johnson were at a Chicago nightclub.
Johnson was suspended by the Bears for one game for being at the club. He played in the Super Bowl as the Bears lost to Indianapolis.
In March, Johnson began his two-month jail stint. In May, he pleaded guilty to a misdemeanor weapons charge from the December raid as part of a deal with prosecutors that kept him from serving more time in jail.
Johnson was chosen by the Bears in the second round of the 2004 draft out of Washington. He played in 46 games, starting 15.
Information from The Associated Press was used in this report.
beanoX3 wrote:I wonder if this means he still has a chance to reduce his suspension to 6 games.
If he can, then his chances of signing with a team just went up.
I guess it depends on the conditions that were set for the suspension to be reduced, If alcohol was a no-no period then he'd still be screwed, but as it stands right now he didn't break any laws, so....
"I disapprove of what you say, but I will defend to the death your right to say it." -- Voltaire
beanoX3 wrote:I wonder if this means he still has a chance to reduce his suspension to 6 games.
If he can, then his chances of signing with a team just went up.
I guess it depends on the conditions that were set for the suspension to be reduced, If alcohol was a no-no period then he'd still be screwed, but as it stands right now he didn't break any laws, so....
From bears.com
The conditions that Johnson must meet to reduce the suspension to six games include: -- No further adverse involvement with law enforcement and full compliance with any requirements imposed by a court. -- Compliance with all league requirements, including counseling. -- No participation in any practices or other organized team activities during the period of the suspension. He may, however, be present at the Bears' facility during the suspension for counseling sessions and other approved activities such as physical treatment or individual workout sessions.
Not sure how speeding equates to point one ("No further adverse involvement with law enforcement").
Fact is, if the the guy was drinking and driving (yes, legally) at 3:30AM after being suspended he still doesn't get it. The commish has set up the player conduct policy to have very loose interpretations IMO and doubt he will cut him slack.
A few things to note from a professional when it comes to drinking and driving charges:
(1) Being over the limit has nothing to do with whether or not you are charged with drinking and driving... Being over the legal limit is prima facia evidence of the fact that you were impaired, but is not required to charge you with being impaired... Any amount of alcohol in your system can be considered impairment, and you can be charged with drunk driving even if you are under the legal limit... It's just that the State is not required to present evidence regarding your actual driving if you are over the limit... Put another way, you could be driving 100% perfectly at .085 and be charged with drunk driving... If you're driving at .075 the State has to present evidence that you were driving poorly (such as speeding, for example) to charge you with impairment...
(2) It takes your body approximately (2) hours to process .03 % alcohol in your bloodstream... Which means, if your blood alcohol level is .09, it takes you roughly 6 hours before you will not register any alcohol in your blood stream... A guy as big as Tank Johnson very well could handle a B.A.C. of .24%... He might not even feel substantially buzzed at .12%... At .24%, it would take his body somewhere in the neighborhood of (12) hours to process the alcohol in his system before he got back down below the legal limit... So, he could have been at a BBQ at 3:00 that afternoon when he had his last drink... Ate some dinner... Went to sleep... Got up in the middle of the night with a hanker'n for a Klondike Bar, and feeling 100% sober, gone to the store... He gets pulled over for doing 40 in a 25, which is EXTREMELY easy to do, and he gets nailed for DUI... It's really easy to do... So the concept that he was pounding beers while driving down the road, or shortly before is quite possibly totally inaccurate... I know several people who have gotten DUI's driving to work the next morning following a night out on the town...