Test showed Busch wasn't intoxicated
By JEFF HOOD
The Atlanta Journal-Constitution
Published on: 11/15/05
An alcohol test taken by defending Nextel Cup Champion Kurt Busch showed the 27-year-old fell far short of the legal level for intoxication last Friday night near Phoenix International Raceway, the Maricopa County Sheriff's Department said late Monday.
Busch was charged with reckless driving near the Raceway on Friday evening after he was clocked at 60 miles per hour in a 45-mph zone by a Maricopa County deputy. Busch began fleeing from the deputy by running a stop sign and making erratic lane changes.
Busch was pulled over less than three miles from the Phoenix track moments later after a second officer assisted in the pursuit.
"Mr. Busch was administered a preliminary breath test at the command post which registered .017," Maricopa Sheriff's Lt. Paul Chagolla said.
In Arizona, a person can be charged with driving under the influence with a blood-alcohol level at .08 or higher.
A 170-pound male who consumes two drinks in two hours will have a blood-alcohol content of .01, according to estimates from the Mothers Against Drunk Driving Web site.
Chagolla said the decision not to have Busch take a second breath alcohol test this time on an Intoxilyzer 8000 machine was at the sole discretion of the deputy.
"It's all up to the investigating officer," Chagolla said. "He could have made that decision, but this is an experienced deputy sheriff who does many DUI arrests. You have to trust his decisions."
Chagolla said Saturday that Busch had performed a preliminary breath alcohol test during Friday evening's roadside stop. Chagolla admitted Monday night, however, the chronology of events he originally reported was erroneous, and the initial breath alcohol test was conducted at the county's command post at the speedway.
"The odor of alcohol, combined with dangerous driving, gave the officer the right to transport Mr. Busch," Chagolla said.
Media reports from Chagolla on Saturday said the Intoxilyzer 8000 had failed.
When asked why the .017 reading wasn't made available to the public on Saturday, Chagolla said he was still on a fact-finding mission.
"Whatever information I had at the time is what I was going to release," Chagolla said. "And it's important to note that never at any point did the sheriff's office say he was impaired."
Busch was suspended Sunday for the season's final two Cup events.
Roush Racing president Geoff Smith defended the decision, saying Busch's actions violated contractual obligations with sponsor Crown Royal, whose parent company is Diageo.
"Regardless of whatever level of [alcohol] presence was there while driving, we have some very strict sponsorship rules in place,," Smith told reporters. "We feel very strongly that those rules have been significantly breached."
Busch and Roush Racing representatives could not be reached for comment Monday evening.