EMERY COUNTY, Jan. 20, 2024 (Gephardt Daily) — A 41-year-old man was booked into the Emery County jail Thursday after a report of a man seen driving forward and backward on a forklift on State Route 29, and bumping into guard rails.
“I made contact with the operator of the forklift and identified him as Tracy Daine Behling,” says an arrest document filed by an officer of the Emery County Sheriff‘s Office. “I could instantly smell an odor of alcohol coming from Mr. Behling’s person.”
The officer asked Behling to turn off the forklift and to perform standard field sobriety tests, the affidavit says.
“Upon starting the tests, Mr. Behling started giving multiple reasons for why he could not do the tests. Mr. Behling ultimately refused to perform any SFST’s. Mr. Behling was placed under arrest and transported to the Emery County Jail for further investigation.”
Behling refused to cooperate with chemical tests, and showed multiple signs of impairment, the officer’s statement says. His licence showed he was an alcohol-restricted driver, required to have an interlock device on any vehicle he drove.
An ignition interlock device is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle.
A warrant was issued for a blood draw, which was performed.
“The technician who (did) the blood draw also made a statement about being able to smell alcohol coming from Mr. Behling, which aids in showing there was a detectable amount even though chemical tests were not able to be completed,” the affidavit says.
“Behling showed signs of impairment with the operation of the forklift, and not being able to recall events and statements throughout my interaction with him. Mr. Behling also had bloodshot, glossy eyes and unsteady balance while standing and walking. The forklift Mr. Behling was attempting to drive on a highway was a rental, and did not have an ignition interlock installed in it.”
The affidavit also noted that “The current offense is a felony committed while on probation or parole, or while free on bail awaiting trial on a previous felony charge.”
Behling was booked for investigation of:
- Driving under the influence, two or more priors in 10 years, a third-degree felony
- Refusing a chemical test, second offence in 10 years, a class A misdemeanor
- Interlock restricted driver operating vehicle without interlock system, a class B misdemeanor
- Alcohol-restricted driver, a class B misdemeanor
He was ordered to be held without bail.
