Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Quick DUI Question
#1
So I recently heard that even if you are pulled over with a B.A.C. of LESS THAN .08 (for those over 21), you could still technically get convicted of driving under the influence... Any truth to that?

If so, what's the point of having a legal limit, if i can still be convicted with a B.A.C. of say .04?

That's like getting getting a speeding ticket for going 30 when the speed limit is 35.
Reply
#2
edit: Nevermind. Googled and found out that the terms DUI and DWI are interchangeable.
Reply
#3
While technically the limit is .08, yes you can be prosecuted if you are under that limit but the lower level of blood alcohol is still causing you to be impaired and therefor a danger to yourself and others.
Reply
#4
What about having a BAC over .08, yet still able to drive perfectly fine?
Reply
#5
Asad Wrote:What about having a BAC over .08, yet still able to drive perfectly fine?
you have got to be kidding? :lame:
No matter what you do , spend or tinker on with your ricer,
IT'S STILL RICE !

NASCAR COMPETITION LICENSE HOLDER and AMA LIFE MEMBER
Reply
#6
Q for Sgt Grant...Are people getting prosecuted for driving while tired yet?
Reply
#7
VETTE Wrote:you have got to be kidding? :lame:


Actually, I'm not.

I know a few people off the top of my head that had a BAC higher than that, and were pulled over for mundane things, (tail light, liscense plate) and had their car searched etc, (came up with nothing) and then had an officer use a BAC test as a "last resort." The officer even said in court that he was completely coherant and aware of what he was doing. He didn't believe he was drunk. Just a beer or two.

So thanks for asking, asshat.
Reply
#8
VETTE Wrote:you have got to be kidding? :lame:

Alcohol tolerance plays a huge role in how effectively you will be able to operate while intoxicated. At the same time, breathalizers aren't an exact science; for instance, if you take a shot then immediately use one, you'll B.A.C. will be off the charts. Likewise, if you drink all day, then stop for several hours then blow- your B.A.C. will be low, while you will still be clearly intoxicated.

As far as tolerance is concerned though, the law gives you no leeway. In fact, having a high tolerance for alcohol can actually work against you.

My buddy got a D.U.I. several months ago for driving with a BAC of .24. Now, my friend is a HARD drinker and needless to say, has developed somewhat of a tolerance... He was actually given a harder sentence because the judge believed (and rightfully so) that because he was so coherent when he was arrested that drinking [and driving] are certainly nothing new to him and that he posed an even greater danger, even though at that BAC level, he handled himself better than most would in the same position.

btw, the only reason he got pulled over was because he was in traffic at 2am (god bless LA) and the cops saw his girl was puking out the window.
Reply
#9
A similar thing happened to one of my friends in Point Loma, almost identical situation. It's strange that some people function better while they're intoxicated, but that's what they get for breaking the law.
[size=2][size=1][Image: http://sromagazine.com/boards/images/smi...freakB.gif]
[size=2] [/size]
[/size]
[/size]
Reply
#10
Civic_Sleeper Wrote:Q for Sgt Grant...Are people getting prosecuted for driving while tired yet?

You can't be arrested for driving tired all by itself. However, what would you be doing that would indicate that you are fatigued? Chances are you are violating the VC in some other fashion and would receive a cite for those infractions. Also, proving that erratic driving is based upon being tired might be problematic. If an officer felt that your driving was based upon an unknown impairment, they might submit you for re-examination per this secction:


21061. (a) In addition to any action prescribed in Division 17
(commencing with Section 40000.1), a traffic officer may issue a
notice of reexamination to any person who violates any provision of
this division and who, at the time of the violation, exhibits
evidence of incapacity to the traffic officer which leads the traffic
officer to reasonably believe that the person is incapable of
operating a motor vehicle in a manner so as not to present a clear or
potential danger of risk of injury to that person or others if that
person is permitted to resume operation of a motor vehicle.
(b) For purposes of this section, "evidence of incapacity" means
evidence, other than violations of this division, of serious physical
injury or illness or mental impairment or disorientation which is
apparent to the traffic officer and which presents a clear or
potential danger or risk of injury to the person or others if that
person is permitted to resume operation of a motor vehicle.
Reply
#11
SgtGrant Wrote:While technically the limit is .08, yes you can be prosecuted if you are under that limit but the lower level of blood alcohol is still causing you to be impaired and therefor a danger to yourself and others.

Yep. Even if u had one drink u can still smell like alchohol and u can spend some time doing sobriety tests if the cop smells it.
Reply
#12
Whether or not you are prosecuted though will depend on your test performance and the determination of the D.A. as to whether or not you level of sobriety affected your driving ability after the officer conducts their investigation and submits it for review.
Reply
#13
Asad Wrote:Actually, I'm not.

I know a few people off the top of my head that had a BAC higher than that, and were pulled over for mundane things, (tail light, liscense plate) and had their car searched etc, (came up with nothing) and then had an officer use a BAC test as a "last resort." The officer even said in court that he was completely coherant and aware of what he was doing. He didn't believe he was drunk. Just a beer or two.

So thanks for asking, asshat.
PLEASE BUT A VOWEL .
If you are over , you are done:hi:
No matter what you do , spend or tinker on with your ricer,
IT'S STILL RICE !

NASCAR COMPETITION LICENSE HOLDER and AMA LIFE MEMBER
Reply
#14
Please try to make sense in your next post. Thank you very much.

Asshat.
Reply
#15
Asad Wrote:Actually, I'm not.

I know a few people off the top of my head that had a BAC higher than that, and were pulled over for mundane things, (tail light, liscense plate) and had their car searched etc, (came up with nothing) and then had an officer use a BAC test as a "last resort." The officer even said in court that he was completely coherant and aware of what he was doing. He didn't believe he was drunk. Just a beer or two.

So thanks for asking, asshat.

I'm curious as to what you mean by "last resort" on the BAC test. Normal police procedure is to conduct an investigation first, then at the end the BAC test (in field intoxylizer or breath test) is conducted to validate the officers observations. The in field breath BAC measuring devices are supposed to add additional support to other tests and observed behavior from the initial stop until the officer has a clearer picture of what is taking place. If during conversations from the start the officer establishes in their mind that alcohol is not a factor at all, then they will probably forego the breath test. If the officer has any suspicion that alcohol could be a factor, then they would give the test to be sure. It is also not uncommon for an officer, just prior to letting someone drive away, to administer the test so that their own comfort level is good enough to trust the person to drive without killing themselves or somebody else. No officer wants to get a phone call that some driver ate a light pole at 90 mph and they found a citation issued by the officer in the drivers pocket issued 10 min. before the crash.
Reply
#16
SgtGrant Wrote:No officer wants to get a phone call that some driver ate a light pole at 90 mph and they found a citation issued by the officer in the drivers pocket issued 10 min. before the crash.

that would be pretty bad. Interesting reading on this post.
Reply
#17
I think he was at a check point, or something along those lines. Choice of words was flawed, my mistake.
Reply
#18
Ok, well what if you get stopped at a check point and have had a couple beers (let's say a BAC of around .05) can you get a DUI, even though there was no evidence that it was impairing your ability to drive safely?
Reply
#19
Asad Wrote:Please try to make sense in your next post. Thank you very much.

Asshat.
please cure your warm ears by pulling your head out. thanx:wiggle:
No matter what you do , spend or tinker on with your ricer,
IT'S STILL RICE !

NASCAR COMPETITION LICENSE HOLDER and AMA LIFE MEMBER
Reply
#20
ShadyMilkman Wrote:Ok, well what if you get stopped at a check point and have had a couple beers (let's say a BAC of around .05) can you get a DUI, even though there was no evidence that it was impairing your ability to drive safely?

Unlikely that you would be arrested if you did not display any erratic driving and were able to perform the tests satisfactorily. However, they would probably strongly suggest a cab or a friend do the driving. The only time you have to fear getting a DUI when you BAC is below the legal limit is when it still impacts your ability to drive safely. No evidence of unsafe driving on a low BAC, no problem generally speaking.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Question for Sgt. Grant lwpat 14 940 02-07-2005, 12:20 AM
Last Post: 98civicdx
  Street Racing Question&Thought For the Cops Scotty Kilroy 10 650 09-10-2002, 09:39 PM
Last Post: Silverado350
  street racing question 85civic 11 519 08-12-2002, 08:24 AM
Last Post: SgtGrant
  Question for the Cops... 91black_240 1 239 07-30-2002, 11:43 AM
Last Post: 10AELee
  question about strobes shiftd 5 301 07-24-2002, 01:56 PM
Last Post: Shevelle
  Ticket Question HELP! quickex00 1 248 07-24-2002, 09:42 AM
Last Post: 10AELee
  Question for police officers Distinct Blur 17 787 03-11-2002, 01:56 PM
Last Post: bluetwo
  Speed Contest Question illusionist3 14 657 02-25-2002, 03:45 AM
Last Post: Acuracer
  Jurisdiction question ElectronBlueGSR 27 619 02-16-2002, 03:37 PM
Last Post: Rover218vvcT
  question for any cops Crazyfoo 3 334 02-16-2002, 02:50 AM
Last Post: Crazyfoo

Forum Jump:


Users browsing this thread: 1 Guest(s)