What was the punishment for Ashley Lowery’s DUI?
Was curious about this so I went back and read a few old articles on Ashely Lowery’s wreck, and there were a couple of odd things about his situation.
One, his court date was massively delayed as I thought I remembered (and I also didn’t see any articles confirming that he actually went to trial). His crash occurred the May after his sophomore season and by the time he completed his senior season, he still hadn’t gone to court. So at the earliest, his trial would’ve been 2 years after his crash. It was also clear that he would face a long delay pretty much right from the start.
Second, the police report mentioned they took a urine sample to determine his blood alcohol level which also seemed odd me. For starters, he required an ICU stay after the wreck so I’m assuming he lost consciousness. Why (and how) would you collect a urine sample from Lowery at that point, and why wouldn’t the police have simply had someone draw some blood?
And while I’m certainly no expert on DUIs or alcohol testing, I’ve never heard of police using a urine test to determine someone’s blood alcohol level. I’ve only heard of breathalyzers or blood tests. If there are any lawyers on here who handle DUI cases, I’d love to know if that’s a common method for testing for DUIs. Also, is a urine test even an accurate way to measure someone’s level of impairment? It would seem to me that your alcohol level would rise in your blood first, and then start to rise in your bladder as your blood alcohol level begins to drop. In other words, by the time someone has high levels of alcohol in their urine, is it possible their blood alcohol level has dropped maybe to the point where they are no longer be impaired?
Without knowing more about the accuracy of urine tests for blood alcohol levels, I’d be inclined to fight those charges especially if I didn’t think I was impaired. If UK felt like Lowery had any chance of winning in court, then I can understand why they would have been hesitant to suspend him before he was convicted of anything.
Lowery also wasn’t actively dealing with his case during that time because he had such a long delay, so you also couldn’t justify suspending him pending the outcome of the case. If he needed to focus on his case at that time, then maybe it makes sense to suspend him before the trial. But he was basically in limbo for 2 years and I’m not sure how much process there was for him to address. Had UK decided to suspend him pending the outcome of his case, Lowery would’ve ended up suspended for two years which would’ve been really excessive.
It looks to me like the Lowery situation simply had some very unusual, extenuating circumstances. Without knowing more details, I’m inclined to think that UK made the right call in handling his situation a bit differently.
Sometimes making an exception is the right thing to do and Lowery’s situation feels like it called for an exception.