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Originally published September 5, 2018 at 11:58a.m., updated September 5, 2018 at 08:37p.m.

KU defensive lineman Isi Holani’s DUI charge dismissed

Kansas' Isi Holani (6) walks back to the locker room after a loss to Nicholls State on Saturday, Sept. 1, 2018 at David Booth Kansas Memorial Stadium.

Kansas' Isi Holani (6) walks back to the locker room after a loss to Nicholls State on Saturday, Sept. 1, 2018 at David Booth Kansas Memorial Stadium.

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Kansas football coach David Beaty suggested earlier this week that a resolution was coming on defensive tackle Isi Holani’s summer DUI charge.

On Tuesday, Holani’s case was dropped because he didn’t meet the legal standard for the violation.

A KU football spokesperson confirmed the redshirt senior, who played in Week 1, will not miss any games due to punishment.

According to the KU defensive lineman’s lawyer, Hatem Chahine, a criminal defense attorney who specializes in DUI law, when Holani was arrested in late July in Lawrence, his blood alcohol concentration was below the legal limit of 0.08 percent.

The prosecutor for the case, Chahine said, had to determine whether there was enough probable cause to move forward with the charge, in spite of Holani’s legal BAC level the night of the arrest.

“In this case, they did not feel like they did. They didn’t feel like they could prove sufficiently that he was incapable of safely driving a vehicle, so they dismissed the charge,” Chahine explained.

Holani’s lawyer said the prosecutor “did the right thing” because no evidence pointed to Holani being incapable of driving a vehicle.

“When I look at the case, it’s not fair when somebody gets charged with a DUI generally when it’s under a .08 unless you have some factors like an accident or something like that. There was never that in this case,” Chahine said.

A 6-foot-3, 325-pound defensive tackle, Holani didn’t start in the Jayhawks’ Saturday home loss to Nicholls State, but he did appear on the first defensive series as a substitute. He was credited with one solo tackle in the overtime defeat.

Holani posted a note regarding his arrest on Twitter Tuesday evening. Holani wrote, in part, that the officer who arrested him was “simply doing his job,” and that he was “proud” to live in Lawrence, a city with “great” officers.

“He was professional throughout the entire situation,” Holani wrote of the officer. “The justice system then worked through the details of my situation and as a result of my cooperation and the professionalism of both the law enforcement officer and the prosecutor, we were able to come to an appropriate resolution.”

None by Isi Holani

Comments

Lance Cheney 3 years, 1 month ago

So from a civilian perspective, I'm curious about this deal. To me, it seems like a DUI is pretty black and white. You either meet the requirements for the charge or you don't. How do you get a DUI when you're below the legal BAC level?

Gerry Butler 3 years, 1 month ago

That's what I was just asking myself. - How do you arrest someone when they are below the limit? It says the prosecutor didn't feel they could prove sufficiently that he was incapable of driving safely so they decided to drop the charge. -- Interesting.

Usually they either have them blow into the meter to get a reading or give them a field test - -So if he didn't registar a 008 how did they arrest?

Dale Rogers 3 years, 1 month ago

If I recall the original article it did not say he was arrested for DUI. It said he was arrested on "suspicion of DUI." In other words, it was a close call they wanted to check further into. And in this case it did not merit charges.

Where are all the people on here who called for his dismissal when the first article was published? THIS is why we wait until the facts are known before we flap our lips.

Aaron Paisley 3 years, 1 month ago

You can get one if there are other moving violations involved in the stop.

Barry Weiss 3 years, 1 month ago

I think you can still be charged with DUI, even if your number is below the legal limit, based on your inability to operate your vehicle appropriately. Maybe in this case there was not enough evidence that he was weaving or unable to pass a field sobriety test and when the number came back below the .08 number, there was insufficient evidence to move forward.

Dane Pratt 3 years, 1 month ago

I know when I'm drunk but I don't know when I'm at .08. How does that translate to number of drinks per hour?

3 years, 1 month ago

helps to have friends in high places, as always. RCJH

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