Boone County prosecutors officially charged Missouri football coach Gary Pinkel Friday morning with a misdemeanor charge of driving while intoxicated.
Upon the prosecutors’ decision to charge Pinkel, the probable cause statement became a matter of public record and is available on KSDK’s website. According to the probable cause statement, Pinkel’s blood was drawn to determine his level of intoxication.
ON NOVEMBER 16, 2011 AT 2209 HOURS, GARY PINKEL WAS OPERATING A BLACK 2010 CHEVROLET AVALANCHE BEARING MISSOURI REGISTRATION 7HM138. THE VEHICLE WAS TRAVELING NORTH ON HIGHWAY 63 APPROACHING STADIUM BOULEVARD AT APPROXIMATELY 30 MILES PER HOUR IN A POSTED 65 MILES PER HOUR ZONE. THE VEHICLE THEN SPED UP TO APPROXIMATELY 65 MILES PER HOUR. WHEN THE VEHICLE EXITED HIGHWAY 63 ONTO BROADWAY, THE VEHICLE FAILED TO SIGNAL THE LANE CHANGE.
AT THE TOP OF THE EXIT RAMP, THE VEHICLE MADE A WIDE RIGHT TURN ON TO BROADWAY FROM A LEFT TURN LANE. AS THE VEHICLE WAS APPROACHING KEENE STREET, THE VEHICLE MADE A WIDE LEFT TURN CROSSING THE DOUBLE YELLOW LINE SEVERAL FEET PRIOR TO THE INTERSECTION. AS THE VEHICLE WAS AMKING A LEFT TURN INTO A PARKING LOT, IT NEARLY STRUCK A CURB GOING INTO THE EASTBOUND RIGHT TURN LANE.
UPON CONTACT WITH GARY, I OBSERVED HIS EYES TO BE GLASSY AND BLOODSHOT. I DETECTED THE STRONG ODOR OF INTOXICANTS ON GARY’S BREATH, WHICH WAS SUSTAINED THROUGHOUT MY CONTACT. GARY ADMITTED TO CONSUMING TWO GLASSES OF WINE BETWEEN 2000 HOURS AND 2130 HOURS. GARY INITIALLY STATED HE WOULD NOT DO FIELD SOBRIETY TESTS DUE TO AN ACHILLES INJURY. I EXPLAINED TO GARY WE COULD DO TESTS THAT WOULD NOT INCLUDE HIM WALKING. GARY STATED HE WOULD DO SOME TESTS.
DURING THE FIELD SOBRIETY TESTS, I OBSERVED INDICATIONS OF IMPAIRMENT. I ADVISED GARY OF THE IMPLIED CONSENT PORTION OF THE ALCOHOL INFLUENCE REPORT FORM ASKING FOR A BLOOD SAMPLE. GARY STATED HE WOULD NOT PROVIDE A BLOOD SAMPLE.
I INFORMED GARY THAT HE WOULD BE TRANSPORTED TO THE BOONE HOSPITAL FOR A BLOOD DRAW DUE TO EXIGENT CIRCUMSTANCES. GARY COMPLIED WITH THIS REQUEST.
Under Missouri law, the penalties Pinkel faces are contingent on his blood alcohol content:
577.010. 1. A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition.
2. Driving while intoxicated is for the first offense, a class B misdemeanor. No person convicted of or pleading guilty to the offense of driving while intoxicated shall be granted a suspended imposition of sentence for such offense, unless such person shall be placed on probation for a minimum of two years.
3. Notwithstanding the provisions of subsection 2 of this section, in a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, no person who operated a motor vehicle with fifteen-hundredths of one percent or more by weight of alcohol in such person’s blood shall be granted a suspended imposition of sentence unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.
4. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section for such first offense:
(1) If the individual operated the motor vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than forty-eight hours;
(2) If the individual operated the motor vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person’s blood, the required term of imprisonment shall be not less than five days.
(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 2010 H.B. 1695, et al.)(2004) Section applies to the operation of motorized bicycles. State v. Laplante, 148 S.W.3d 347 (Mo.App.S.D.).
More Pinkel DWI coverage
Update: Pinkel Arrested On Suspicion of DWI (with mug shot)