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Link Posted: 2/25/2017 9:39:09 PM EDT
[#1]
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Quoted:
When I was a prosecutor, we did a wet lab, where we set up an intoxilyzer 8000 in the office and then gave people booze and put them through field sobriety exercises, and then had them blow. It took a surprisingly large amount of alcohol to get to .08, like 12 oz of vodka over a one hour period. Several of the people would not have been ok driving. Some people would have been fine.
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a more realistic scenario would have been drinking over a 3-4 hour period (like it would be if at a bar or party) so that the body has time to process the alcohol
Link Posted: 2/25/2017 9:39:51 PM EDT
[#2]
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Quoted:
This is what the average person does not know, or like to hear. .08 is pretty fucked up for a lot of people.
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Quoted:
There's a thread floating around here on this already. I don't think most people realize how impaired one is at .08.
This is what the average person does not know, or like to hear. .08 is pretty fucked up for a lot of people.
In that thread, I stated several times that alcohol both causes a person to overestimate their abilities and helps them make poor decisions. Great combination.
Link Posted: 2/25/2017 9:41:04 PM EDT
[#3]
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Quoted:



It takes more than 2 glasses of wine or 2 beers to get to 0.8.
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I refuse to believe that people who drink 1-2 glasses of wine or beer with a meal then drive home are the debil and need to be vilified.


Still, many here would seemingly gladly support the roadside execution of people who drink a glass of wine with dinner at the Olive Garden then drive home.



It takes more than 2 glasses of wine or 2 beers to get to 0.8.

Well it might if you weigh 80 pounds and you drink them quickly.

What people don't understand is that the results of the breath test is only a part of the equation. In order to get a conviction in most cases testimony regarding observations of impairment are needed. The burden of proof typically extends beyond the the instrument results. 
Link Posted: 2/25/2017 9:41:16 PM EDT
[#4]
Fuck drunk drivers.
Link Posted: 2/25/2017 9:41:20 PM EDT
[#5]
With cabs, uber, or even designated drivers there should never be a reason to drive after drinking. .08 is where it should be.
Link Posted: 2/25/2017 9:41:46 PM EDT
[#6]
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Quoted:
When I was a prosecutor, we did a wet lab, where we set up an intoxilyzer 8000 in the office and then gave people booze and put them through field sobriety exercises, and then had them blow. It took a surprisingly large amount of alcohol to get to .08, like 12 oz of vodka over a one hour period. Several of the people would not have been ok driving. Some people would have been fine.
View Quote


no


it does not


in a .08 for me is like 5 beers depending on the ABV over an hour or so.

this is a very good site for BAC calculations

click


if i drank 12oz of 80 proof vodka i would have a BAC of like .15
Link Posted: 2/25/2017 9:44:42 PM EDT
[#7]
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Quoted:
I want to know why they went from .1 to .08
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To generate mo' $$$
Link Posted: 2/25/2017 9:44:59 PM EDT
[#8]
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Quoted:
With cabs, uber, or even designated drivers there should never be a reason to drive after drinking. .08 is where it should be.
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Never lived outside of a major city, have you?  . There are no fucking ubers or cabs in the vast majority of the US.  Sure, DDs are a great idea, unless you want to go out with friends and, you know, actually have a good time together.
Link Posted: 2/25/2017 9:46:23 PM EDT
[#9]
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It has a devastating effect on spelling.  
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pfft

alcohol makes me even more aweseom
Link Posted: 2/25/2017 9:47:11 PM EDT
[#10]
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Quoted:
The limit is .03 here.
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Is that like a single spray of Binaca breath freshener?
Link Posted: 2/25/2017 9:49:04 PM EDT
[#11]
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Never lived outside of a major city, have you?  . There are no fucking ubers or cabs in the vast majority of the US.  Sure, DDs are a great idea, unless you want to go out with friends and, you know, actually have a good time together.
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I have always lived outside of a major city and just used an Uber last week. Irresponsible drunks will always try to justify their actions.
Link Posted: 2/25/2017 9:52:46 PM EDT
[#12]
The hard core drunks can often operate at astoundingly high levels.


Thweir brains are so pickled they glide through what any 'normal' person would be staggering to even stand up if loaded.
Link Posted: 2/25/2017 9:53:20 PM EDT
[#13]
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This is one thing I can't understand. We are super hard on drunk drivers (as we should be) yet allow anyone behind the wheel with literally no skill. It's as if the people setting the standards are afraid to tell people "no, I'm sorry, you can't have a license until you take this seriously."

I mean we're talking about more deaths every year than firearm deaths and look how much they try to come down on guns.

I've been working in the UK for just under a week and one thing I really notice is that the drivers here absolutely destroy ours in awareness, skill, and courtesy. They really know what they are doing behind the wheel, and if they don't, the license gets yanked.
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How are they with butter knives?
Link Posted: 2/25/2017 9:53:31 PM EDT
[#14]
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Quoted:


no


it does not


in a .08 for me is like 5 beers depending on the ABV over an hour or so.

this is a very good site for BAC calculations

click


if i drank 12oz of 80 proof vodka i would have a BAC of like .15
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interesting...

six 12oz beers (4.9%) over 4 hours puts me at 0.104 BAC
Link Posted: 2/25/2017 9:55:26 PM EDT
[#15]
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Quoted:

interesting...

six 12oz beers (4.9%) over 4 hours puts me at 0.104 BAC
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Quoted:
Quoted:


no


it does not


in a .08 for me is like 5 beers depending on the ABV over an hour or so.

this is a very good site for BAC calculations

click


if i drank 12oz of 80 proof vodka i would have a BAC of like .15

interesting...

six 12oz beers (4.9%) over 4 hours puts me at 0.104 BAC

It assumes you have no kidneys. Or a pancreas. Not that a pancreas is involved. 
Link Posted: 2/25/2017 10:00:46 PM EDT
[#16]
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Quoted:
I want to know why they went from .1 to .08
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Before that it was .15. They've lowered it incrementally over years, but they never adjusted the parameters of the Field Sobriety Tests.

For example, the HGN test data is still configured for the old .15 BAC.
Link Posted: 2/25/2017 10:03:29 PM EDT
[#17]
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Never lived outside of a major city, have you?  . There are no fucking ubers or cabs in the vast majority of the US.  Sure, DDs are a great idea, unless you want to go out with friends and, you know, actually have a good time together.
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I live in a small, rural town. You know what? Still no excuse for driving drunk. You can walk anywhere in this town easily. I'd venture that most places small enough to not warrant an Uber service, cab, etc; are small enough that a bar is within walking distance. Hell one of the bars here offers a free shuttle within town limits for those who don't want to drive or walk home in the cold. If you live out in the county, get a hotel room or drink at the ranch.
Or be a irresponsible person and drive drunk.
Link Posted: 2/25/2017 10:04:33 PM EDT
[#18]
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Quoted:


Before that it was .15. They've lowered it incrementally over years, but they never adjusted the parameters of the Field Sobriety Tests.

For example, the HGN test data is still configured for the old .15 BAC.
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Ohh? Cite?
Link Posted: 2/25/2017 10:06:41 PM EDT
[#19]
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Quoted:
I refuse to believe that people who drink 1-2 glasses of wine or beer with a meal then drive home are the debil and need to be vilified.


Still, many here would seemingly gladly support the roadside execution of people who drink a glass of wine with dinner at the Olive Garden then drive home.
View Quote


2 glasses of either will put you at .08?

How big are those glasses?
Link Posted: 2/25/2017 10:07:05 PM EDT
[#20]
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Quoted:


I live in a small, rural town. You know what? Still no excuse for driving drunk. You can walk anywhere in this town easily. I'd venture that most places small enough to not warrant an Uber service, cab, etc; are small enough that a bar is within walking distance. Hell one of the bars here offers a free shuttle within town limits for those who don't want to drive or walk home in the cold. If you live out in the county, get a hotel room or drink at the ranch.
Or be a irresponsible person and drive drunk.
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Quoted:
Quoted:


Never lived outside of a major city, have you?  . There are no fucking ubers or cabs in the vast majority of the US.  Sure, DDs are a great idea, unless you want to go out with friends and, you know, actually have a good time together.


I live in a small, rural town. You know what? Still no excuse for driving drunk. You can walk anywhere in this town easily. I'd venture that most places small enough to not warrant an Uber service, cab, etc; are small enough that a bar is within walking distance. Hell one of the bars here offers a free shuttle within town limits for those who don't want to drive or walk home in the cold. If you live out in the county, get a hotel room or drink at the ranch.
Or be a irresponsible person and drive drunk.


I'm not a drunk driver, and never have been.  I'm not making excuses. The "call a cab" thing is just big city thinking and since I've lived the majority of my life far more than a short walk from a bar, I'm pointing out that it does limit your options.  I mostly drink at home, since I currently live on a military base with the nearest drinking establishment 3 miles away, and no taxis available.
Link Posted: 2/25/2017 10:10:01 PM EDT
[#21]
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Quoted:



I have always lived outside of a major city and just used an Uber last week. Irresponsible drunks will always try to justify their actions.
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Quoted:
Quoted:


Never lived outside of a major city, have you?  . There are no fucking ubers or cabs in the vast majority of the US.  Sure, DDs are a great idea, unless you want to go out with friends and, you know, actually have a good time together.



I have always lived outside of a major city and just used an Uber last week. Irresponsible drunks will always try to justify their actions.


And again, as he correctly states, there are no ubers or cabs in the vast majority of the US. Your last line snipe was dickish.
Link Posted: 2/25/2017 10:13:05 PM EDT
[#22]
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Quoted:


Ohh? Cite?
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Quoted:


Before that it was .15. They've lowered it incrementally over years, but they never adjusted the parameters of the Field Sobriety Tests.

For example, the HGN test data is still configured for the old .15 BAC.


Ohh? Cite?


Yeah... I'd like to see info on that, considering the HGN shows impairtment at .08.
Link Posted: 2/25/2017 10:13:41 PM EDT
[#23]
Everyone saying 1-2 beers puts you over .08 is full of crap.  You can go to dinner and have a couple of drinks and be legally just fine.

Mouthwash doesn't make you go over the limit.  There's a reason field PBT tests have to be done so far apart to make up for any mouth alcohol that doesn't count for blood alcohol.  Drinking a swig of beer and immediately getting stopped is no big deal.  PBT might show really high at first but after a couple minutes it will normalize out once the mouth alcohol is gone.

.08 is where physical signs of impairment start.  It's not a random number pulled out of someone's ass.  It doesn't matter how well you can handle your liquor, .08 you show physical signs of impairment, period.

Here is a good resource for how alcohol and different drugs affect your motor functions.  It also shows what police look for during a traffic stop: http://www.njsp.org/division/investigations/pdf/adtu/20160105_paticipantmanual.pdf  It's really damn long, but it covers everything.  If you want to know everything about DWI alcohol and drug stops that is what you need to read.
Link Posted: 2/25/2017 10:17:41 PM EDT
[#24]
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Ohh? Cite?
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Sorry, my bad. I was wrong about the data part.

But there is contention that the HGN test is outdated and ineffective.

Contentions

Edit: In my defense, I haven't been a cop for several years, and I apologise for talking out of my ass momentarily.
Link Posted: 2/25/2017 10:18:19 PM EDT
[#25]
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That seems odd given my perception of how common and expected social drinking is in Japan. Am I mistaken? Because every person I ever knew who studied in Japan said that everything from their professors / mentors and colleagues to officeworkers and their bosses drank together, and a lot.
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Quoted:
The limit is .03 here.


That seems odd given my perception of how common and expected social drinking is in Japan. Am I mistaken? Because every person I ever knew who studied in Japan said that everything from their professors / mentors and colleagues to officeworkers and their bosses drank together, and a lot.


Rates of automobile ownership are significantly lower in Japan.

This, combined with more ready access to mass transit means there is less incentive to get bebind the wheel at all, much less when you've had a few Sake'
Link Posted: 2/25/2017 10:19:30 PM EDT
[#26]
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Quoted:
Everyone saying 1-2 beers puts you over .08 is full of crap.  You can go to dinner and have a couple of drinks and be legally just fine.

Mouthwash doesn't make you go over the limit.  There's a reason field PBT tests have to be done so far apart to make up for any mouth alcohol that doesn't count for blood alcohol.  Drinking a swig of beer and immediately getting stopped is no big deal.  PBT might show really high at first but after a couple minutes it will normalize out once the mouth alcohol is gone.

.08 is where physical signs of impairment start.  It's not a random number pulled out of someone's ass.  It doesn't matter how well you can handle your liquor, .08 you show physical signs of impairment, period.

Here is a good resource for how alcohol and different drugs affect your motor functions.  It also shows what police look for during a traffic stop: http://www.njsp.org/division/investigations/pdf/adtu/20160105_paticipantmanual.pdf  It's really damn long, but it covers everything.
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I took that course and I am certified in it.

Pretty eye opening.
Link Posted: 2/25/2017 10:24:43 PM EDT
[#27]
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Quoted:
When I was a prosecutor, we did a wet lab, where we set up an intoxilyzer 8000 in the office and then gave people booze and put them through field sobriety exercises, and then had them blow. It took a surprisingly large amount of alcohol to get to .08, like 12 oz of vodka over a one hour period. Several of the people would not have been ok driving. Some people would have been fine.
View Quote


I'm not questioning what you setup, but perhaps the number.

I've always been under the impression that 2-3 beers in an hour or 2 shots gets you to .08.  I think I remember reading that was for a 200lb male.  At some point the as you consume your body clears it out slower.

12 oz of vodka is about 12 shots.  I'm about to vomit just thinking about 12 shots of vodka.
Link Posted: 2/25/2017 10:34:36 PM EDT
[#28]
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Quoted:


no


it does not


in a .08 for me is like 5 beers depending on the ABV over an hour or so.

this is a very good site for BAC calculations

click


if i drank 12oz of 80 proof vodka i would have a BAC of like .15
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Quoted:
Quoted:
When I was a prosecutor, we did a wet lab, where we set up an intoxilyzer 8000 in the office and then gave people booze and put them through field sobriety exercises, and then had them blow. It took a surprisingly large amount of alcohol to get to .08, like 12 oz of vodka over a one hour period. Several of the people would not have been ok driving. Some people would have been fine.


no


it does not


in a .08 for me is like 5 beers depending on the ABV over an hour or so.

this is a very good site for BAC calculations

click


if i drank 12oz of 80 proof vodka i would have a BAC of like .15


According to that calculator, 8 shots over 3 hours and I'm still legal
Link Posted: 2/25/2017 10:45:50 PM EDT
[#29]
Looks lie Utah will be going to .05.  Just passed the House going to the Senate.  Governor says he's inclined to sign it if passed.
Link Posted: 2/25/2017 10:47:52 PM EDT
[#30]
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Quoted:


Sorry, my bad. I was wrong about the data part.

But there is contention that the HGN test is outdated and ineffective.

Contentions

Edit: In my defense, I haven't been a cop for several years, and I apologise for talking out of my ass momentarily.
View Quote


Most of the contention in that article is crap. The "scientific proof" that they listed aside from the drugs that cause someone to exhibit HGN is all the same old stuff that defense attorneys always bring up in court and is easily explained.

ETA - and 0.08 is fine where it's at. And I wouldn't be opposed if they made it against the law to use a cell phone in a moving vehicle without a hands free device.
Link Posted: 2/25/2017 11:10:15 PM EDT
[#31]
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I'm not a drunk driver, and never have been.  I'm not making excuses. The "call a cab" thing is just big city thinking and since I've lived the majority of my life far more than a short walk from a bar, I'm pointing out that it does limit your options.  I mostly drink at home, since I currently live on a military base with the nearest drinking establishment 3 miles away, and no taxis available.
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I didn't mean to imply that you were. Apologies if it came out that way.
I used to be fairly libertarian on my views on drunk driving till I started getting to see it up close and personnel. Now I just have no sympathy for it.
Link Posted: 2/26/2017 1:08:45 AM EDT
[#32]
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Quoted:


Before that it was .15. They've lowered it incrementally over years, but they never adjusted the parameters of the Field Sobriety Tests.

For example, the HGN test data is still configured for the old .15 BAC.
View Quote


When was it .15 (in your State at least).

I've been a cop for 22 years in Michigan and it was .10 when I started, it is .08 now and as far as I know it was .10 for a long time before I started.

I'll check with a good buddy of mine who is a DRE Instructor/Teacher, ref the whole HGN being "calibrated" for .15BAC and report back.

J-
Link Posted: 2/26/2017 1:18:22 AM EDT
[#33]
I'm good with it. Don't really care is they lower it more.  If by now you don't understand that having some drinks and getting behind the wheel could be a bad idea then you're too stupid to drive anyway. I've arrested people for DUI that honestly seemed ok but blew well over .08 and then some that could barely stand yet were either right at .08 or just under.  Lot of factors go into how alcohol affects you.

I've only responded to two crashes when i was assigned to patrol where small children were killed.  Both times.....a drunk.
Link Posted: 2/26/2017 1:29:17 AM EDT
[#34]
How much profit do some of you guys think states make on DUIs?
Link Posted: 2/26/2017 1:41:18 AM EDT
[#35]
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According to that calculator, 8 shots over 3 hours and I'm still legal
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buddy of mine got a DWI like 4 years ago and he plead it to a traffic ticket...but had an interlock for his truck for 6months or something and he still drank.  The interlock threshold was .02 and he used this thing religiously and never had a single positive blow on his truck....
Link Posted: 2/26/2017 1:53:11 AM EDT
[#36]
It's a little high in my opinion.  Should be lower.
Link Posted: 2/26/2017 1:55:47 AM EDT
[#37]
I don't know of much other than the BAC they could use but I am sure it effects everyone differently.

I drink fairly regularly and four beers doesn't really phase me. I remember one time though when I was a teenager and I had been out in the hot sun all day and was dying of thirst and someone gave me a beer. I drank the one beer and was practically stumbling around.

My policy is more than two beers I don't drive. I usually have a couple beers with dinner at a restaurant or whatever.
Link Posted: 2/26/2017 1:56:53 AM EDT
[#38]
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I want to know why they went from .1 to .08
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Or .23 to .15 to.1 to .08

I don't drink but maybe once a year in my own home....

But DUI are bad but should be a case by case and not an arbitrary number....

If I had to pick a number I would say .12
Link Posted: 2/26/2017 1:57:59 AM EDT
[#39]
I have no problem with .08 being the legal limit. My feelings on what the penalty for a DUI should be differ greatly from what is the norm. I think you should get 10 days, in JAIL, not a "DUI center" for a first offense. Second one? A year. No time off for good behavior. If two strikes don't get the message through your head, then you should go away for 10 years. I've known several people who died due to being hit by drunks and many more injured by them. Most of them were at least 2 time offenders. With all the options there are today, there is no excuse. Call a friend, a cab, uber, you parents/siblings, whatever, but if you drink, and get caught? Poor you.
Link Posted: 2/26/2017 2:02:13 AM EDT
[#40]
Try being a CDL driver and only having a .04 limit....

I've decided if I want to drink I'll do it at home.
Link Posted: 2/26/2017 2:09:10 AM EDT
[#41]
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Quoted:
How much profit do some of you guys think states make on DUIs?
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States don't make any money on DUIs.  DUI tickets are handled by district courts which are basically part of the county government (in most places that I am aware of).  Yes, there are fines that are a deterrent for breaking the law.

How much money does the public (aka your tax dollars) have to spend when a cop misses a DWI/DUI?  When a drunk driver causes havoc during a crash, do you know how much $$$ is involved in working a bad wreck?  If the drunk driver dies in the crash, who do you think foots the bill for all the damage (to public property at least)?

It's the same thing with seat belts.  They save lives, but seat belt tickets aren't because someone is looking out for your wellbeing.  It has nothing to do with stomping on your freedom.  If you don't wear it and get in a crash and you die when you might have lived, then you just cost your local area first responders a lot of time, money, and resources working a fatality crash that could have been a fender bender / maybe minor injuries all because someone didn't want to take 3 seconds out of their busy schedule to buckle their seatbelt.  That's why there are seat belt fines, and that's why there are DWI fines.
Link Posted: 2/26/2017 2:11:57 AM EDT
[#42]
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Quoted:
The hard core drunks can often operate at astoundingly high levels.


Thweir brains are so pickled they glide through what any 'normal' person would be staggering to even stand up if loaded.
View Quote


I think my uncles walking around BAC was 1.4-1.6 for the better part of 30 years. His first (and only DUI) was after he blacked out leaving a car wash and plowed into a couple of parked cars. Amazingly it wasn't the booze that caused the blackout, he was diagnosed with brain cancer shortly after the accident.

My other uncle would polish off a bottle of Scotch, fire up his Harley and ride home.

There is a long history of alcoholism in my family, that is why I seldom drink and when I do it is a beer with dinner or similar.
I got waaaaaaaay too close in my younger days to following in the family tradition. Glad I saw it and got it under control before it got control of me.

Lost several friends over the years to DUI related traffic accidents. Some were their doing, others were sober, innocent victims of drunks.

Alcohol is a poison IMO.
And no, I am not a prohibitionist by any stretch. People should be free to drink to their hearts content.
Until they do something that endangers or hurts other people.
Link Posted: 2/26/2017 2:14:27 AM EDT
[#43]
Prosecutor here.  I've seen 0.03 (plus drugs) all the way to 0.55 get filed.  the general rule is each standard drink (shot, 5oz wine, 12 oz beer) adds about 0.02 to your BAC, and you eliminate about one drink/0.02 per hour.  I think impairment is seen at 0.04-0.05 and 0.08 is actually pretty high.  However, most of my cases are >0.15.  I had a case where a guy died (obviously he wasnt charged) at a 0.43.
Link Posted: 2/26/2017 2:15:32 AM EDT
[#44]
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Quoted:
Try being a CDL driver and only having a .04 limit....

I've decided if I want to drink I'll do it at home.
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I have a CDL also and the .04 only applies while driving a CMV. It is still the same .08 in your personal car.
Link Posted: 2/26/2017 2:26:22 AM EDT
[#45]
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Quoted:


And again, as he correctly states, there are no ubers or cabs in the vast majority of the US. Your last line snipe was dickish.
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It wasn't a snipe at him. I don't even know him. It was a snipe at all drunk drivers.


ETA: I'd venture to say that the majority of DUI convictions happen within major cities due to population concentration/size where cabs and uber service  are readily available. That said even if those services aren't available it doesn't justify DD and the judge won't buy it either.
Link Posted: 2/26/2017 2:26:46 AM EDT
[#46]
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I have no problem with .08 being the legal limit. My feelings on what the penalty for a DUI should be differ greatly from what is the norm. I think you should get 10 days, in JAIL, not a "DUI center" for a first offense. Second one? A year. No time off for good behavior. If two strikes don't get the message through your head, then you should go away for 10 years. I've known several people who died due to being hit by drunks and many more injured by them. Most of them were at least 2 time offenders. With all the options there are today, there is no excuse. Call a friend, a cab, uber, you parents/siblings, whatever, but if you drink, and get caught? Poor you.
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Interesting, and the same for similar offences that are just as deliberate . Such as driving tired?

http://www.discovery.com/tv-shows/mythbusters/about-this-show/tired-vs-drunk-driving/
A recent study conducted by the AAA Foundation for Traffic Safety found that drowsy drivers are responsible for one in six — or 17 percent - of fatal car accidents
Compared with cruising around while tipsy, sleep deprivation caused Tory to drive 10 times worse; sleepy Kari's driving was three times more erratic.
Link Posted: 2/26/2017 2:30:03 AM EDT
[#47]
I keep a personal breathalyzer in my vehicles. I know I am feeling a buzz at .06 and I'm an experienced drinker. If I feel impaired I don't drive.
Link Posted: 2/26/2017 2:31:08 AM EDT
[#48]
Prescription drugs are  huge problem
Link Posted: 2/26/2017 2:32:29 AM EDT
[#49]
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Quoted:


SNIP
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I agree.  My post was poorly worded.  

General funds aren't getting fat off that sweet DUI money.  I'm sure some place somewhere in the US is making a substantial portion of their budget from DUIs, but that isn't the norm.
Link Posted: 2/26/2017 2:40:35 AM EDT
[#50]
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Quoted:
Prescription drugs are  huge problem
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My step mom has been whacked out of her mind on fentanyl patches for a decade and a half.  She still has a license and still drives occasionally.  She absolutely should not be, but who is going to stop her?
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