Brandon Reilly DUI

[QMany]

If Nebraska is like Kansas you can refuse a PBT but it is a traffic citation and you can refuse a intoxalyzer as well but it can be used against you in court in any other DUI cases from then on.

Interested to see how the recent Kansas Supreme Court decision affects refusal.

 

[Bowfin]

Yes, you can refuse the breath test and demand a blood test. This also gives your body more time to maybe lose some of the blood alcohol. Sometimes it may take an hour for them to find someone to draw your blood. By that time, you may have dropped a little.

Sounds like a winning strategy to me.

Here's another one:

When the car you are pounding liquor in slips off into the Loup Canal* and you are stuck in the middle of the front seat with the two guys by either door very drunk and panicking, wait for the water to fill up the car most of the way. Then, brace your back against the seat and push on the windshield with both feet, and it will probably pop out. Take a deep breath of the rapidly disappearing air, kick out of the car, and with a few good strokes you will get out, up, and over to shore. Walk to the farmhouse, have them call the sheriff and then show them where to find the car and your two friends. That worked for one guy I knew*...

...or there is that "Don't drink and drive." thing that they always talk about.

Yeah, it's not football, but even in Nebraska, some things are more important than Husker football.

*Not to be confused with the other multiple drowning in the Loup Canal where the three boys made it out and the three girls drowned. I forgot about these two cases.

 

[BigRedBuster]

Yes, you can refuse the breath test and demand a blood test. This also gives your body more time to maybe lose some of the blood alcohol. Sometimes it may take an hour for them to find someone to draw your blood. By that time, you may have dropped a little.

Sounds like a winning strategy to me.
Here's another one:

When the car you are pounding liquor in slips off into the Loup Canal* and you are stuck in the middle of the front seat with the two guys by either door very drunk and panicking, wait for the water to fill up the car most of the way. Then, brace your back against the seat and push on the windshield with both feet, and it will probably pop out. Take a deep breath of the rapidly disappearing air, kick out of the car, and with a few good strokes you will get out, up, and over to shore. Walk to the farmhouse, have them call the sheriff and then show them where to find the car and your two friends. That worked for one guy I knew*...

...or there is that "Don't drink and drive." thing that they always talk about.

Yeah, it's not football, but even in Nebraska, some things are more important than Husker football.

*Not to be confused with the other multiple drowning in the Loup Canal where the three boys made it out and the three girls drowned. I forgot about these two cases.

I did not imply anyone should drink and drive.

The question was asked and I answered it.

Obviously nobody should drink and drive and threaten others.

 

[Enhance]

Is there uber in Lincoln yet? In today's world there's no reason to you should ever be in this position.

Yes, the problem is surge-pricing. 10-15 min. rides that may cost $10 at 2:00 p.m. cost $80 at 2:00 a.m. So, it's not the most reasonable option, even though it is certainly (and obviously) better than getting a DUI.

There is Happy Cab which is a free cab service for UNL students.

Similarly to Uber's surge-pricing woes, Happy Cab is only a free, accessible service for UNL students when one is available. At 2:00 a.m., when this incident occurred, it was (likely) near impossible to get a cab in downtown Lincoln.

I don't say any of that to excuse his actions. My point is that someone who has lived in Lincoln for as long as he has should know that he either a) shouldn't drive after drinking or b) have a DD on standby, particularly someone in his position.

 

[Blackshirt96]

Is there uber in Lincoln yet? In today's world there's no reason to you should ever be in this position.

Yes, the problem is surge-pricing. 10-15 min. rides that may cost $10 at 2:00 p.m. cost $80 at 2:00 a.m. So, it's not the most reasonable option, even though it is certainly (and obviously) better than getting a DUI.

There is Happy Cab which is a free cab service for UNL students.

Similarly to Uber's surge-pricing woes, Happy Cab is only a free, accessible service for UNL students when one is available. At 2:00 a.m., when this incident occurred, it was (likely) near impossible to get a cab in downtown Lincoln.

I don't say any of that to excuse his actions. My point is that someone who has lived in Lincoln for as long as he has should know that he either a) shouldn't drive after drinking or b) have a DD on standby, particularly someone in his position.

On the same line. Reilly could have walked into any bar in Lincoln raised his hand & yelled "I'm Brandon Reilly Who wants to take me home". I'm sure a bunch of girls would have taken him up & maybe even a few creepy dudes.

 

[cm husker]

Is there uber in Lincoln yet? In today's world there's no reason to you should ever be in this position.

Yes, the problem is surge-pricing. 10-15 min. rides that may cost $10 at 2:00 p.m. cost $80 at 2:00 a.m. So, it's not the most reasonable option, even though it is certainly (and obviously) better than getting a DUI.

Sometimes that's true, but not always. And the cool thing about on demand services is that uber drivers will start to flex to those high demand periods, thus driving the price down.
If I were a low wage earner and could make an extra $200 per weekend driving drunks home from the bar, I'd consider it.

 

[cm husker]

The problem i have with this is that LPD and State Patrol had been tweeting all week and their were journal star articles about increased patrolling and checkpoints on st patricks day. I've made poor choices in regards to driving in the past, but if i was ever aware of additional focus on drunk diving on a certain day you can bet your a$$ I'm not driving even if i thought i was ok. And breathalyzers are so crooked. I had a very expensive one and after chugging one beer and blowing it would show an insanely high number. But after taking multiple shots and beers followed by water, mouthwash and gum it was showing under the legal limit.

The breathalyzer you used is call a Preliminary Breath Test machine or "PBT" for short. PBT's are nowhere near 100% accurate and law enforcement use them as probable cause to further their investigation. PBT's show the presence of breathe alcohol and attempt to measure the level of that. If you get arrested and then get taken back to the local PD or Sheriff's Office then you will most likely be asked to blow into an intoxalyzer machine, which actually uses the deep lung air to measure your blood alcohol level which is where the .08 or greater equals DUI comes into play.

Correct and you are not supposed to have drank anything or had anything in your mouth for at least 15 minutes before you take a PBT.

Question--does Nebraska allow for you to refuse the breathalyzer and submit to a (considerably more accurate, per my understanding) blood test?

Yes, you can refuse the breath test and demand a blood test. This also gives your body more time to maybe lose some of the blood alcohol. Sometimes it may take an hour for them to find someone to draw your blood. By that time, you may have dropped a little.

That can work the opposite way too. Sometimes time passing allows the alcohol to enter your blood, and therefore drives the bac up. Really depends on when you stop drinking.

Typically, at least in California and several other states, refusing any form of sobriety test results in an administrative 1-year suspension of your license, even if not convicted of a dui.

 

[teachercd]

It was a dumb mistake...

With that said I would hate to be a college player today. You end up on message boards for anything and everything with a bunch of Judy Judy's judging everything.

Shoot, when those guys go out after a loss and it ends up on a message board that they were out partying they end up getting crucified on message boards.

 

[BigRedBuster]

The problem i have with this is that LPD and State Patrol had been tweeting all week and their were journal star articles about increased patrolling and checkpoints on st patricks day. I've made poor choices in regards to driving in the past, but if i was ever aware of additional focus on drunk diving on a certain day you can bet your a$$ I'm not driving even if i thought i was ok. And breathalyzers are so crooked. I had a very expensive one and after chugging one beer and blowing it would show an insanely high number. But after taking multiple shots and beers followed by water, mouthwash and gum it was showing under the legal limit.

The breathalyzer you used is call a Preliminary Breath Test machine or "PBT" for short. PBT's are nowhere near 100% accurate and law enforcement use them as probable cause to further their investigation. PBT's show the presence of breathe alcohol and attempt to measure the level of that. If you get arrested and then get taken back to the local PD or Sheriff's Office then you will most likely be asked to blow into an intoxalyzer machine, which actually uses the deep lung air to measure your blood alcohol level which is where the .08 or greater equals DUI comes into play.

Correct and you are not supposed to have drank anything or had anything in your mouth for at least 15 minutes before you take a PBT.

Question--does Nebraska allow for you to refuse the breathalyzer and submit to a (considerably more accurate, per my understanding) blood test?

Yes, you can refuse the breath test and demand a blood test. This also gives your body more time to maybe lose some of the blood alcohol. Sometimes it may take an hour for them to find someone to draw your blood. By that time, you may have dropped a little.

That can work the opposite way too. Sometimes time passing allows the alcohol to enter your blood, and therefore drives the bac up. Really depends on when you stop drinking.

Typically, at least in California and several other states, refusing any form of sobriety test results in an administrative 1-year suspension of your license, even if not convicted of a dui.

True.

It typically takes 45 minutes for alcohol to get fully absorbed into the blood stream once it is consumed.

 

[cm husker]

I would wager at least 80% of the people on this board have driven with a .15 bac unless they are non-drinkers. Not smart, right or anything else, but I have a hard time judging this too harshly or acting like he is way out of line.

And, like it or not, results matter, and here, he didn't hurt anyone or thing.

 

[NUance]

The problem i have with this is that LPD and State Patrol had been tweeting all week and their were journal star articles about increased patrolling and checkpoints on st patricks day. I've made poor choices in regards to driving in the past, but if i was ever aware of additional focus on drunk diving on a certain day you can bet your a$$ I'm not driving even if i thought i was ok. And breathalyzers are so crooked. I had a very expensive one and after chugging one beer and blowing it would show an insanely high number. But after taking multiple shots and beers followed by water, mouthwash and gum it was showing under the legal limit.

The breathalyzer you used is call a Preliminary Breath Test machine or "PBT" for short. PBT's are nowhere near 100% accurate and law enforcement use them as probable cause to further their investigation. PBT's show the presence of breathe alcohol and attempt to measure the level of that. If you get arrested and then get taken back to the local PD or Sheriff's Office then you will most likely be asked to blow into an intoxalyzer machine, which actually uses the deep lung air to measure your blood alcohol level which is where the .08 or greater equals DUI comes into play.

Correct and you are not supposed to have drank anything or had anything in your mouth for at least 15 minutes before you take a PBT.

Question--does Nebraska allow for you to refuse the breathalyzer and submit to a (considerably more accurate, per my understanding) blood test?

Yes, you can refuse the breath test and demand a blood test. This also gives your body more time to maybe lose some of the blood alcohol. Sometimes it may take an hour for them to find someone to draw your blood. By that time, you may have dropped a little.

That can work the opposite way too. Sometimes time passing allows the alcohol to enter your blood, and therefore drives the bac up. Really depends on when you stop drinking.

Typically, at least in California and several other states, refusing any form of sobriety test results in an administrative 1-year suspension of your license, even if not convicted of a dui.

True.

It typically takes 45 minutes for alcohol to get fully absorbed into the blood stream once it is consumed.

As soon as you get to the waiting room ask to use the bathroom. Make yourself throw up and drink plenty of water. When you're sitting in the waiting room borrow a pen and write up a short statement stating that you are prone to staff infections and bacterial infections, and the hospital on behalf of the doctor administering the test accepts full liability for any complications or infections due to withdrawing blood. Before the needle goes in, give it to the doctor and ask for a signature.

/end thread derail.

 

[Red Five]

I would wager at least 80% of the people on this board have driven with a .15 bac unless they are non-drinkers.

Really? 80% at a .15? I could see possibly see 80% at a .08. Unless Reilly is an alcoholic, .15 is pretty damn drunk.

And, like it or not, results matter, and here, he didn't hurt anyone or thing.

This kind of thinking is what bugs me about drunk driving. By not hurting anyone or getting caught doing it this time, it reinforces the behavior to do it next time when there could be grave results.

I had a good friend in college that was hit by a drunk driver. Her sister was killed and she had to drop out of school for a couple semesters because she was in the ICU for a long while. She was still having surgeries a couple years after the accident to try to correct the physical damage to her, not to mention the emotional damage of losing her sister.

 

[cm husker]

Same arguments could apply to speeding, too. But we almost universally agree that a speeder shouldn't be punished as severely as a speeder who hits someone. And if it's just about riskiness, then we should be punishing the heck out fatigued drivers.

As far as .15, that's not that high. Only 1/3 higher than the traditional limit before fed gov required it to be lowered. Just ran a check on healthstatus.com and 6 beers in 2 hours registers .15 for someone Reilly's size. That's hardly ultra-excessive drinking for a college kid.

Again, not excusing it, but trying to put it in perspective.

 

[Savage Husker]

I don't know if I agree with the "because we're all guilty, we shouldn't be too harsh to judge" sentiment. I've driven drunk in the past and haven't gotten caught, but I'm still a dumbass for doing it. Anybody that drives drunk is being a selfish dumbass and deserves practically any amount of criticism they receive.

I believe Riley will discipline him and If I were to guess what that would be, I imagine him being suspended from the spring game - maybe even practice too - and at least the opener, maybe even a second game. If it's more or less, then I'm sure Riley has his reasons.

 

[Enhance]

Is there uber in Lincoln yet? In today's world there's no reason to you should ever be in this position.

Yes, the problem is surge-pricing. 10-15 min. rides that may cost $10 at 2:00 p.m. cost $80 at 2:00 a.m. So, it's not the most reasonable option, even though it is certainly (and obviously) better than getting a DUI.

Sometimes that's true, but not always. And the cool thing about on demand services is that uber drivers will start to flex to those high demand periods, thus driving the price down.
If I were a low wage earner and could make an extra $200 per weekend driving drunks home from the bar, I'd consider it.

That's very true - the theory is as surge-pricing goes up, more drivers are incentivized to go online and drive prices down.

However, in my experience, and that of my friends, a lot of people taking an Uber at 2:00 a.m. on a weekend are still having to drop in the $50-$60 plus range. I know someone who had a $102 bill for a 15 min. ride this past weekend. That's why many people I know, who are relying on an Uber, take some more personal responsibility and will often try to get one around 1:15 a.m. to 1:30 a.m. when it's cheaper.