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Report: Josh Brent’s blood alcohol level was 0.18

Josh Brent AP

Cowboys defensive tackle Josh Brent had a blood alcohol level of more than double the legal limit when he crashed his car on Saturday, killing his teammate Jerry Brown.

The Dallas Morning News reports that Brent’s blood alcohol level was 0.18. The legal limit is 0.08.

According to BloodAlcoholCalculator.org, a person Brent’s weight, 320 pounds, would reach a 0.18 blood alcohol level after drinking 21 shots over a five-hour period.

Police say Brent failed field sobriety tests after the crash. Because Brown died, the law allowed Brent’s blood to be drawn against his will.

Brent faces a charge of intoxication manslaughter in Brown’s death. Brent has been released from jail on $500,000 bail, which his attorney, George Milner, described as excessive.

“It’s outrageous. It’s offensive,” Milner said.

Milner was talking about his client’s bail amount, but many would use the same words to describe a person driving after 21 drinks.

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49 Responses to “Report: Josh Brent’s blood alcohol level was 0.18”
  1. chrisexv6 says: Dec 13, 2012 8:40 AM

    I think the bail amount is offensive….ly low.

    Id be interested to look around for some articles about the average Joe killing someone while under the influence. I bet their bail amounts were as high if not higher.

  2. jrmbadger says: Dec 13, 2012 8:45 AM

    Drunk drivers are outrageous or offensive regardless of their blood alcohol content.

  3. antoniosc79 says: Dec 13, 2012 8:51 AM

    Okay, saying he had 21 shots is speculative at best. Just because “the charts” say that doesnt necessarily make it true. Second, to say the bail was offensive, is offensive. The man got behind the wheel of a car fairly intoxicated. Did he intend to get in a wreck and kill someone, no, but he did and now he should suffer the consequences. I wonder if he bail BECAUSE he is a NFL athlete. I wonder if what would happen if a regular joe did this. Having said all that, no punishment will ever compare to what he will have to live with for the rest of his life. And, because it’s been so public, he’ll never be able to escape it.

  4. verticalface says: Dec 13, 2012 8:51 AM

    His bad judgment killed another person and your whining about the cost of bail?

    Screw you.

  5. sfm073 says: Dec 13, 2012 8:59 AM

    Not saying that he shouldn’t be punished, but brown made a decision to get in the car with him. Both made nearly equally bad decisions and neither should be painted as innocent or guilty.

  6. thejuddstir says: Dec 13, 2012 9:05 AM

    Don’t you just love a snake dwelling lawyer who uses the words “it’s outrageous and offensive” to describe the actions agains his client who has just killed another human being through his own outrageous and offensive actions.

  7. pjrhc says: Dec 13, 2012 9:05 AM

    Right. All too often, lawyers are outrageous and offensive. Especially those who fake a righteous indignation over such a crime being punished.

  8. jbaxt says: Dec 13, 2012 9:16 AM

    Leonard Little, the Rams player who was charged with manslaughter had a $7500 bond. His BAC was double as well. Why is this guy being so harshly judged?

  9. iman883 says: Dec 13, 2012 9:18 AM

    @thejuddstir Snake dwelling, huh? Maybe that’s where he finds the “rats” he represents.

    Agreed with most of the comments though…he should be duly punished for his actions and any statements about the bail being outrageous or offensive are themselves outrageous and offensive.

  10. mungman69 says: Dec 13, 2012 9:23 AM

    He shouldn’t even out of jail.

  11. raiderlyfe510 says: Dec 13, 2012 9:23 AM

    The whole story is sad. People should be required to have a license to buy liquor. Taking a education course on alcohol consumption should be a requirement for the license.

    Alcohol is a dangerous drug. I’m not just saying that. Alcohol is no joke. It’s accepted by out society because of the way it’s marketed, it’s a billion dollar industry and vital to our economy. If people really knew all the things Alcohol can do to a person I doubt that some people would continue to drink.

  12. eatitfanboy says: Dec 13, 2012 9:26 AM

    You’d better double check your sources. That number is absurd. Someone who had 21 drinks over 5 hours would be far, far, more intoxicated than that.

    When I was in college, the police used to bring a breathalyzer to some on campus events where alcohol was served so that people could test themselves to see how many drinks got them to what level. I blew a .17 on less than half that amount of drinks. Needless to say, I didn’t drive home.

    My point is that your statement makes it sound like he was walking around swigging a bottle of Jack Daniels all night. You should probably check more than one source before you paint that picture.

    Michael David Smith: If you blew slightly less than Josh Brent’s blood alcohol level on half as many drinks, you probably weigh slightly more than half as much as Josh Brent. Which is about what the average American man weighs. An average-sized man getting to 0.17 takes a lot less alcohol than a 320-pound man getting to 0.18.

  13. themonkeyman says: Dec 13, 2012 9:31 AM

    What the lawyer wants ignored is that this is his SECOND DUI in 3 years! He got lucky in 2009 that he didn’t do any real damage to property or any other people. Then he’s so hopelessly DUMB that he goes out, gets totally trashed again & this time it costs someone their LIFE!

    $500K is insultingly low for a moron like Josh Brent. Guys like this NEVER learn their lesson & continually exhibit poor judgment. This guy deserves to be put in jail for 25 years which will keep others safe from his idiotic actions.

  14. doorharp11 says: Dec 13, 2012 9:31 AM

    They do know and they continue to drink. where we need to start is educating the youth of the consequences on drinking. It needs to start with them. My 3 year old nephew saw me drinking a beer and after that he said he was going to drink beer because i did. I rarely drink to begin with and after that comment im not going to let him know what im drinking from here on out. Im not saying hiding things is good but we need to realize what we are doing to these kids is impressionable and we as adults have to take reponsibility for the education of alcohol to our youth. I could care less if a person gets a dui give them 1 year in jail. If they kill someone make an example and send them to prison for 20 years.we all have decisions and every reaction has a reaction.

  15. 2ndaryinsanity says: Dec 13, 2012 9:34 AM

    While there’s no excuse for what Brent did, the bond does seem high. People who’ve been arrested and charged with murder (as opposed to intoxication manslaughter) sometimes get a lesser amount than $500,000. That being said, Brent’s lawyer should shut the hell up… because whining about your bond being too high is in extremely poor taste when someone died because of your actions.

  16. htowntexan says: Dec 13, 2012 9:38 AM

    bail is to make sure the defendant shows up for trial. bail is not meant to punish the defendant, because in the eyes of the law, the defendant isn’t guilty yet. brent is not a flight risk at all, so the bail is excessive.

  17. rap49er says: Dec 13, 2012 9:40 AM

    Ignore the amount of bail as it’s a non-issue because the team would likely post it if it was 10 million as they don’t want their player sitting in jail. The real issue is when will the Players Association realize that fighting sanctions against this stuff is actually killing their members.

  18. sabatimus says: Dec 13, 2012 9:40 AM

    I will say this: when his sentencing comes up, he needs to be incarcerated for at least 2 years.

  19. tv426 says: Dec 13, 2012 9:50 AM

    What is “It’s outrageous. It’s offensive” is that this guy is out of jail at all!

  20. 2ndaryinsanity says: Dec 13, 2012 9:51 AM

    By the way: everyone is outraged with what Brent did. Fine. But let’s get real…. no one here has EVER gotten behind the wheel after drinking too much???? I did…five or six times when I was in high school, and several more times my first year in college. It’s only through the grace of God (and dumb luck) that I didn’t kill someone. Looking back, I can’t believe I made such horrible decisions. I am so grateful that I was able to get my sh#% together before I hurt anyone.
    Unfortunately Brent didn’t get his sh#% together soon enough, and now a man is dead.

  21. whynotusecommonsense says: Dec 13, 2012 9:55 AM

    A calculator like that should be used for reference and not taken as fact. Yes it takes a bit of drinking to get to that level, and I understand what you’re trying to convey.

    But similar reference charts/calculators like the BMI also describe guys like Patrick Willis and Ray Rice as obese.

    The man was too drunk to drive, who cares how much, in how long, he had to drink. Bad decision no matter how much he consumed.

  22. bigbenh8tr says: Dec 13, 2012 10:03 AM

    raiderlyfe510 says: Dec 13, 2012 9:23 AM

    The whole story is sad. People should be required to have a license to buy liquor. Taking a education course on alcohol consumption should be a requirement for the license.

    Alcohol is a dangerous drug. I’m not just saying that. Alcohol is no joke. It’s accepted by out society because of the way it’s marketed, it’s a billion dollar industry and vital to our economy. If people really knew all the things Alcohol can do to a person I doubt that some people would continue to drink.
    ____________________________________
    Are you kidding me?
    You should be required to be able to drive (having a license) in order to buy alcohol? That makes no sense and only would make it more likely for someone to get behind the wheel because you know they can drive.

    There is a big difference between having a license and having judgement. One day I hope you will learn the difference.

    The bail was ridiculously high, Donte Stallworth’s was under $10,000 after killing someone while driving drunk and high on marijuana. Everyone makes mistakes, including Jerry Brown. You think they never drove around like this in Dallas before or in college together?
    This happens every day , and that doesnt’ make it any better, but don’t sit up on your high horse and bash thing young man when you have done the same exact thing and just haven’t hurt someone or been arrested.

  23. joetoronto says: Dec 13, 2012 10:03 AM

    jbaxt says:
    Dec 13, 2012 9:16 AM
    Leonard Little, the Rams player who was charged with manslaughter had a $7500 bond. His BAC was double as well. Why is this guy being so harshly judged?
    ***********************************************
    Not only was this his 2nd offense, but things change in a 15 year span.

    There’s way more emphasis on drinking and driving now than there was in 1998.

  24. joebloww says: Dec 13, 2012 10:04 AM

    Brent is a scumbag.

  25. eatitfanboy says: Dec 13, 2012 10:04 AM

    Michael David Smith: If you blew slightly less than Josh Brent’s blood alcohol level on half as many drinks, you probably weigh slightly more than half as much as Josh Brent. Which is about what the average American man weighs. An average-sized man getting to 0.17 takes a lot less alcohol than a 320-pound man getting to 0.18.

    Well, I’m unfortunately a lot closer to his weight than I was in college. :-). But not that close.

    I take your point.

  26. raider2124 says: Dec 13, 2012 10:05 AM

    Why don’t they ever bring up Jerry brown BAC? He also got into the car, both players were out drinking and were fully aware of what could happen. I’m tired if these which hunts on drinking and driving. More 16 or 17 year old kill more people on the roads then drunk drivers and I hear now outcry to raise the driving age.

  27. eatitfanboy says: Dec 13, 2012 10:11 AM

    People on here saying that he should stay in jail or that the bail should be much higher don’t understand how our justice system works.

    Bail is not punishment. Holding people in jail before trial is not punishment. Both things are designed to serve one purpose: make sure that the defendant shows up for his trial. Period.

    Anyone who is not charged with first degree murder or is not considered a flight risk has the right to reasonable bail.

    That being said, I think the people saying the bail is too high are also wrong. Typically, defendants are required to post 10% of the actual bail amount, although I am only assuming that is the case here. If it is, he had to post 50k, which doesn’t sound outrageous or offensive to me for someone making 1.9M this season.

  28. zerole00 says: Dec 13, 2012 10:24 AM

    How does someone even drink 21 shots? I doubt I could drink that volume in beer, or even soda.

  29. bigd9484 says: Dec 13, 2012 10:34 AM

    Leave it to a lawyer (no offense Florio) to say that a 500k bail for KILLING SOMEONE BECAUSE OF THEIR STUPIDITY is offensive. The dude could have had a free ride home for him and his friend per the program the NFL runs.

  30. taintedsaints2009 says: Dec 13, 2012 10:49 AM

    If Brent did not have alcohol, brown would be alive…

    If Brent did not have a car, brown would be alive…

    Maybe that bartender should be held accountable. It’s not Brent’s fault he drank the drinks. Its the person who served him the drinks.

    How about the dealership that sold him the car…I see fault there too.

    Yep. We need more stringent car laws, dealership laws, bartender restrictions, and alcohol regulations. That will make certain that something like this never ever happens again. More laws! Less crime! Happens every time.

    -the liberal way of thinking

  31. henson58 says: Dec 13, 2012 11:06 AM

    I don’t drink let alone drink and drive but what always confused me is how is a person supposed to know exactly what there BAC is. It’s a bad decision if you blew .09 and wreck but if its .07 your ok how are you gonna know where your at. Your pretty much just taking a guess if your ok or not.

  32. russrpm says: Dec 13, 2012 11:11 AM

    Who exactly served him that much liquor and allowed him to leave the premises without arranging transportation? Does Texas have a innkeeper responsibility law?

  33. oreo51 says: Dec 13, 2012 11:14 AM

    If there is any silver lining in this sad tale it is that Josh Brett did not kill some mother with two kids rather than his best friend. He acted irresponsibly. Is there any one out there that isn’t aware that it is illegal to drink and drive?

  34. whoisgonnasing says: Dec 13, 2012 11:24 AM

    honestly, this is so avoidable! it starts at home before they go out. You dont wait until your senses and judgment is impaired to consider whether you want to call a taxi or team security, or whomever. You simply dont leave home in your own car with keys. No keys = no chance of getting in trouble. Why doesnt the team give them rides FROM home… duh?

  35. azarkhan says: Dec 13, 2012 11:40 AM

    I agree that the $500,000 bail is excessive. Bail amounts are set based on flight risk. I have a hard time imagining Josh Brent disguising himself, slipping across the border, and hiding out in Mexico.

  36. Tim says: Dec 13, 2012 11:46 AM

    His lawyer sounds a bit like Jackie Chiles.

  37. CowboyErik says: Dec 13, 2012 11:58 AM

    I’d like to know how much his TAB was where they were, what was the name of the place?

  38. xcerebus1 says: Dec 13, 2012 11:59 AM

    Everyone seems to be concerned about his bail. How about the charges? ‘Intoxicated Manslaughter’? What the hell kind of charge is that? If Brent had that same blood/alcohol level and shot Brown he’d be looking at a life sentence and a murder charge.

  39. nutman22 says: Dec 13, 2012 12:04 PM

    RuusRPM – Yes Texas has a law regarding serving intoxicated patrons. But think of it this way, he is a Dallas Cowboy and the club they were at Privae (Sp?) is known for it’s celebrity clientele meaning lots of $$$$ hangin out there, would you have focused on how many drinks someone had? Yeah if the man was falling down drunk (we’ve all been there) then I’m sure he would never have been allowed to leave and drive a car. In addition IMO .08 (the legal limit) is ridiculously low, but you can thank MADD for that one. I’m not condoning drinking and driving especially with a 0.18 BAC, but I weigh 175lbs and technically two beers in 1 hour and I am over the legal limit.

  40. scrapingthefloorioforstorios says: Dec 13, 2012 12:08 PM

    one of my roommates shot the other (true story) last friday, and his bail is $25,000 for attempted murder. that’s columbia county oregon, though

  41. wisconsineaglesfan says: Dec 13, 2012 12:09 PM

    Since bail is set to insure that the person shows up for court (money is returned after court proceedings), it would not surprise me if there was a percentage of net worth set to determine bail amount. That would explain why a multimillionaire ballplayer has a higher bail than a 45K a year average joe.

    But I am no lawyer or judge, so I am just speculating.

  42. CKL says: Dec 13, 2012 1:33 PM

    2ndaryinsanity says:
    Dec 13, 2012 9:51 AM
    By the way: everyone is outraged with what Brent did. Fine. But let’s get real…. no one here has EVER gotten behind the wheel after drinking too much?
    __________________________________
    I never have…ever. But I was raised to take seriously the notion that my choices have consequences for both me and others because I always had bad consequences dealt to me when my bad actions merited them.

    Like Rodney Harrison said the other day, if you are that worried about privacy with calling the team/NFLPA provided cars (silly notion IMO because if you drive drunk and get caught it’s far from private and I can’t imagine there’s one team out there in this era that really cares that their guys go out and party as long as they show up ready to work when scheduled) hire a personal assistant to drive you, like he did later in his career.

  43. deacon85 says: Dec 13, 2012 1:50 PM

    For those who are condemning the lawyer’s comments, exactly what would you like him to say: “my client’s guilty, so let’s just forget bail and sentence him now”? The prosecution will certainly use all of its resources to convict Brent and probably try to send him to prison. Like it or not, Brent’s best friend right now is his lawyer.

  44. cometkazie says: Dec 13, 2012 3:26 PM

    Intoxicated manslaughter in Texas, vehicular homicide in Louisiana, it’s for driving drunk and killing someone. You must be considered drunk to be charged under the statute.

    Most states presume intoxication at or above 0.08%. You can be charged at lower concentrations using field sobriety test results.

    These will vary among the different states.

    Some people may be able to drive better at a 0.10BAC than others. It depends.

  45. banggbiskit says: Dec 13, 2012 3:57 PM

    Nobody ever thinks its going to happen to them before it actually happens.

    Obviously what Brent did was incredibly stupid, but why would Jerry Brown get into a car with someone this drunk? Would YOU get into a car with your buddy who had been tossing them back all night?

  46. scmaize says: Dec 13, 2012 4:30 PM

    taintedsaint: I realize that the point of your post was to offend liberals, not to tell the truth, but it’s still really stupid to post lies in a deliberate attempt to be a jerk. I also think you should find a political board for your offensive comments, rather than befouling this one.

  47. broncfanwa says: Dec 13, 2012 6:19 PM

    2nd DUI gives the impression that his attitude towards drinking and driving laws is sort of “yeah, so?” and believes them to be more for us less famous, unwashed masses than for the “stars” of the world. drinking enough to achieve a BAC that is that close to actual alcohol poisoning and still choosing to drive a vehicle speaks to a serious lack of regard for consequences. High bail just might serve to help him realize some short-term consequences, in a perspective that he can grasp quickly. There’s no doubt in my mind that he believes that his status as an NFL player will help him walk away with minimal punishment, but you can be certain that he’s going to keep his eye on that half million until it gets back in his hands.

  48. broncfanwa says: Dec 13, 2012 6:21 PM

    No, i wouldn’t get in the car with somebody that drunk, but if i did make a mistake like that, why should that be a death penalty offense?

  49. Steve in Vermont says: Dec 13, 2012 7:57 PM

    Lawyers are offensive!

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