Iowa Man Arrested In DUI Case After His Level Of Intoxication Exceeded Measurement on Breathalyzer

bildeThere is an interesting case out of Iowa City where Levi B. Carter, 28, has been charged with drunk driving. Nothing uncommon there. However, Carter was arrested at his home after a passenger called police following a crash into a street sign. He was found at home with a blood alcohol content nearly six times the legal limit.


When police arrived and say that they found Carter in his basement talking to “people that were not there” and could barely stand. The reports indicate a delay of a couple hours which raises the question of where he became so intoxicated. However, the defense can be countered by the eyewitness testimony of his own passenger.

Carter registered off the scale of the machine. He below a .467 per cent before it simply read ‘HI’ as unmeasurable. A blood alcohol level of 0.4 and above is viewed as presenting a serious risk to someone’s life with the possibility of unconsciousness and death.

Source: Press Citizen

27 thoughts on “Iowa Man Arrested In DUI Case After His Level Of Intoxication Exceeded Measurement on Breathalyzer

  1. This will prove to be an interesting case…. I’m not sure they can convict for drunk driving…. When did he drink to this limit…. Before he drove or after….

  2. When police arrived and say that they found Carter in his basement talking to “people that were not there” and could barely stand.” – JT

    Perhaps he had been to a holy-roller meeting:

    In American English, Holy Rollers refers to Pentecostal Christian churchgoers.[1] The term is commonly used derisively, as if to describe people literally rolling on the floor or speaking in tongues in an uncontrolled manner.

    It is generally considered pejorative, but some have reclaimed it as a badge of honor, William Branham wrote: “And what the world calls today holy-roller, that’s the way I worship Jesus Christ.”[2] Gospel singer Andrae Crouch stated, “They call us holy rollers, and what they say is true. But if they knew what we were rollin’ about, they’d be rollin’ too.”

    (Wikipedia, “Holy Roller”). They advocate that “the blood of Jesus” is quite intoxicating.

    Probably why the machine could not read the vibe?

  3. For a young man to have such genetic tolerance for alcohol does not bode well for his future, or for the future of some poor Hawkeye who might encounter him on a country road some night in a car.

    I’m reading a book about the “athlete gene.” One genetic gift required to be a great hitter is incredible eyesight. The average MLB hitter has 20/11 vision. The best ever recorded vision, and what is believed to be the limit of human eye structure capabilities, are a few people w/ 20/8 vision. It is therefore not surprising, the greatest hitter of all time, Ted Williams, had 20/8 vision. I’m sure that cam in handy being a Marine pilot in WW2 and Korea. We are sometimes blessed w/ superior genetics. This Hawkeye is cursed w/ his.

  4. The test means absolutely nothing. He was entitled to drink once he quit driving. He was at home already. The high reading from breath analyzers, which are not accurate, is because he had just drank some straight moonshine. Jeso. Law blog needs to do better on this one.

  5. They can grow tall corn in Iowa but I hope they are not dumb enough to prosecute this guy for drunk driving based on a test taken at his home after he got away from the scene.

  6. When I was on the staff of a (now closed) private psychiatric hospital, a local First Responder was sent to us on the city EAP for us to try and dry him out and treat his alcohol problem. He was an excellent employee who had saved the lives of a number of people, but liked to hang out with his good friends Jim Beam and Jack Daniels. At any rate, he did well in the treatment program, and agreed to be put on a trial of Antabuse (Disulfiram). That is a drug which makes one horribly ill if one drinks when taking it. Disulfiram is truly incompatible with ETOH.

    He did well, and halfway through his 28 day treatment program, he wanted a pass to attend some formal function. A reception for a visiting dignitary at his workplace, IIRC. Upon his return, he looked fine, but there were standing orders for anyone in the program to take a blood test after being out on a pass. He looked as sober as a Baptist Deacon, but the nurse drew a blood sample and sent it to the lab. His blood alcohol was well above .4, almost .5. The doctor on call was screaming into the phone, “That’s almost incompatible with life!” The guy was discharged from the program shortly after that for non-compliance.

    Some people can hold their booze better than others, but how he managed to drink that much on top of a full therapeutic level of Disulfiram remained a mystery to the entire staff. He should have been throwing up his toenails.

  7. He most probably didn’t take the Antabuse. I was a Vista volunteer @ a Fed BOP and had to take UA’s give out meds[including Antabuse]. It should come as no surprise to a pro that addicts, convicts, etc. are incredibly crafty in deception. The tolerance thing is amazing. I worked w/ a woman in KC who was very petite. She did not have a drinking problem but we would go out for drinks after work on Friday sometimes. This woman drank bourbon and water for hours. I never counted them, but I’m sure she drank 10-12 in 3 hours. I would have taken a ride from her in a heartbeat if I needed it. I knew this woman well. We would sometimes give her sobriety physical and mental tests. She aced all of them.

  8. Regarding Ted Williams’ eyesight. When I was in junior high school, in Boston about 1949, I recall seeing a film about his eyes, where the eyeball would contract during a pitch so he could maintain focus. That, together with the great eye-hand coordination, could explain why he could probably follow the ball right up to contact with the bat.

  9. Gene, Guys like Williams can see the printing on the ball. They can see the seams and how they rotate. One configuration, means 2 seam fastball, another 4 seamer, another, slider, etc. The Dodgers hired an eye specialists to do testing on their entire organizations eyes about 20 years ago. This doc made predictions of success based solely on his testing, he was not a baseball guy. He picked out, prior to their seasons, 2 Rookies of the Years. But, his biggest coup was picking Mike Piazza as going to be a star. Piazza was a 46th round pick based solely on the fact that Piazza’s old man and Lasorda were gumba’s. This was before Piazza had played a MLB game.

    Further testing was even more interesting. They discovered, if you took away the red seams in a baseball, a hitters ability, even w/ Williams like eyesight, dropped dramatically. Being able to see the rotation via the seams, learning what those subtle differences meant, was what made them great hitters. They could still hit a seamless baseball much better than us mere mortals, but it leveled the playing field, as it were. A person w/ average eyesight had little diminution in ability to hit a baseball sans red seams; an MLB hitter had a big deficit in production. Interesting stuff!

  10. Help, I need a professional w/ just average eyesight to recover a comment made to Gene. Thanks for your anticipated assistance.

  11. nick spinelli

    For a young man to have such genetic tolerance for alcohol does not bode well for his future, or for the future of some poor Hawkeye who might encounter him on a country road some night in a car.

    I’m reading a book about the “athlete gene.” One genetic gift required to be a great hitter is incredible eyesight. The average MLB hitter has 20/11 vision. The best ever recorded vision, and what is believed to be the limit of human eye structure capabilities, are a few people w/ 20/8 vision. It is therefore not surprising, the greatest hitter of all time, Ted Williams, had 20/8 vision. I’m sure that cam in handy being a Marine pilot in WW2 and Korea. We are sometimes blessed w/ superior genetics. This Hawkeye is cursed w/ his.
    ========================
    Pop culture genetics (Weekend Rebel Science Excursion – 26).

    Gotta luv it.

  12. The first thing holy rollers are accused of is being drunk beyond the pale:

    5 There were pious Jews from every nation under heaven living in Jerusalem. 6 When they heard this sound, a crowd gathered. They were mystified because everyone heard them speaking in their native languages. 7 They were surprised and amazed, saying, “Look, aren’t all the people who are speaking Galileans, every one of them? 8 How then can each of us hear them speaking in our native language? 9 Parthians, Medes, and Elamites; as well as residents of Mesopotamia, Judea, and Cappadocia, Pontus and Asia, 10 Phrygia and Pamphylia, Egypt and the regions of Libya bordering Cyrene; and visitors from Rome (both Jews and converts to Judaism), 11 Cretans and Arabs—we hear them declaring the mighty works of God in our own languages!” 12 They were all surprised and bewildered. Some asked each other, “What does this mean?” 13 Others jeered at them, saying, “They’re full of new wine!”

    (Acts 2). Whatever happend to wild life?

  13. Dredd, That was an interesting post @ your site. The book I’m referencing is The Sports Gene by David Epstein. If you’re into sports it’s fascinating. And, Epstein doesn’t just focus on mainstream US sports, there are many obscure sports and the genetics required for excellence. He also refers to Outliers and the 10,000 hours for mastery philosophy.

  14. “I sure hope they have medical on stand by or took him to a hospital.”

    Naa, they just put him to bed, set his hand in a warm pan of water, stretched cellophane over the toilet and left giggling.

  15. Whoopee! Soon, you can report having seen someone smoking a joint
    somewhere not too long ago. Will CrimeStoppers pay for tth snitch/tip?

  16. Although the symptoms of alcohol intoxication are often obvious to trained law enforcement, some of the field sobriety tests used by officers are not always accurate. For example, diabetic hypoglycemia (low blood sugar) symptoms are similar to those exhibited by those who have too much to drink: stumbling, slurring or words, lack of coordination, and incoherent speech. And, people with diabetes who have hyperglycemia (high blood sugar) produce ketones in their blood that can be smelled on their breath. Ketones on the breath can be mistaken for alcohol and ketones may also invalidate a breathalyzer test by producing a false reading.

    http://www.utdefenselawyer.com/drunk-driving/diabetes-ketones-and-field-sobriety-tests.html

  17. I didn’t get a chance to read the link for the original article (it kept demanding a subscription) so I might not have all the facts here but my first question about the PBT breath reading would be if the officers checked the mouth for objects or a pool of alcohol below the tongue and then made a 15 minute observation for the mouth alcohol to vaporize off. Mouth alcohol can spike true alcohol readings on the PBT or any breath test device. The reading is exceptionally high, few officers in their career will see that level. (my highest observed was a .315 of a DUI fatal) I would be more interested if an evidence breath test device, the ones typically at a station that are admissible into court and more accurate than a PBT, was used and what the result of that was.

    I would have know also the time elapse betwen the driving and when he was seen by the police. If it was half an hour or so I don’t believe he could have metabolized that much alcohol even if he chugged a pure alcohol. Many states also have a provision where if the arrest was made within two hours of driving the DUI statute would apply. Additionally at an average elimination rate of .015 there would have not been enough time to eliminate a .40+ rate down to the legal limit of .08

  18. What comes out in a breath test, is breath. What comes out in a blood test is blood and it is more accurate. If this was a breath test taken at his home or after they got him out of his home then it is not worth spit. No jury would believe it accurate. If he rolls over on this one then he is not a Beethoven. Take your chances with a jury.

  19. nick spinelli

    Dredd, That was an interesting post @ your site. The book I’m referencing is The Sports Gene by David Epstein. If you’re into sports it’s fascinating. And, Epstein doesn’t just focus on mainstream US sports, there are many obscure sports and the genetics required for excellence. He also refers to Outliers and the 10,000 hours for mastery philosophy.
    ========================
    There is no doubt of mastery of any number of athletic games, academics, and a whole host of human abilities.

    But genetics wasn’t one of the reasons, or even a main reason.

    Epigenetics, not genetics, is more in line as a source of the masteries you pointed out IMO.

    Just sayin …

  20. I’m surprised that the pilots here haven’t mentioned Chuck Yeager and his eyesight which helped him tremendously in dogfights.

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