A Sierra Vista business executive whose blood alcohol content was still more than three times the legal limit an hour after his arrest has been ordered to appear in court Jan. 3 on charges of extreme DUI and having an open bottle of vodka in his vehicle.
Michael Scott Rand was arrested around 5:30 p.m. Oct. 17 after multiple 911 callers reported a SUV being driven on the sidewalk and swerving off the roadway in a gated community at the Pueblo Del Sol Country Club. The Sierra Vista police report notes Rand was too “incoherent” to follow the instruction for a field sobriety test, so Officer Antonio Chavez utilized a portable breath tester instead.
According to the report, Rand’s blood alcohol concentration was .230 just minutes after he was pulled over. The legal limit in Arizona is only .08.
Rand, 63, was then taken into custody and transported to the Sierra Vista police station where additional testing was conducted.
“At 1819 hours, Michael provided a breath sample of .275 and at 1825 hours, Michael provided another breath sample of .268,” Chavez noted in his report.
Public records show Rand was fingerprinted at the police station and had a mugshot taken. He was then released to his wife’s custody instead of being booked into the county jail.
The decision to release someone to a third party in lieu of booking them into the county jail is often left to the discretion of the arresting officer. A review of Chavez’s report suggests Rand’s level of intoxication could have prevented him from getting medical clearance to be accepted at the Cochise County jail.
“Michael was stuttering and had slurred speech,” Chavez noted. “I asked Michael to stand up but he could not. I had to help him stand up. I had to help him keep his balance.”
Rand’s vehicle was towed from the scene under a 20-day impound order as required by Arizona law when extreme or aggravated DUI is suspected. Chavez’s report noted Rand expressed concern about his neighbors watching him.
In a post-Miranda interview, Rand told Chavez he began drinking at a local restaurant around 1 p.m. for an hour before returning to work. He was driving home when arrested, believing the date to be Wednesday, not Monday.
Chavez cited Rand on five counts. The incident report makes no mention of any property damage or injuries in connection with Rand’s driving.
A not-guilty plea was filed by Rand’s attorney directly with the court, avoiding the need for an initial appearance. A pretrial conference is set for Jan. 3 at the Sierra Vista Justice Court.