[ARCHIVED THREAD] - DUI or not? (Page 1 of 2)
Posted: 8/9/2008 4:02:18 PM EDT
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So the legal limit is .08. Why do I constantly see people being arrested for DUI when it's stated in the paper that they blew under the legal limit? There is no mention of failing a sobriety test, which the do mention if they fail it, but someone in the paper was arrested for DUI and blew a .06. Is it just up to the officer? My father was arrested for DUI after blowing a .02. he admitted he had a beer, yes a beer at the bar where he was doing some work after getting back in town from a business trip. Ended up with house arrest. Whats the point of even having a legal limit then? |
You can be cited for OUI for over the counter meds. It's all in the officers opinion of how you are operating. If you admit you had 1 beer and the officer believes you to be impaired then you can be arrested for the same type of offense as someone who is shitfaced. I learned this in one of my (many) trips to driving school. FWIW I went to driving school for speeding tickets not drunkeness.ETA It's a rap you may beat but you still will take the ride. |
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Yah pretty much an officer will perjure themselves at that point just to get a conviction. Seen it done and it's quite entertaining watching officers lie on the stand. RR |
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I can only speak as to California law. But here there are several violations of law for driving under the influence. The .08% BAC limit only applies to CVC 23152(b). You can still be charged with CVC 23136, CVC 23140, CVC 23152(a) with a BAC below the .08% referred to under CVC 23152(b). Yet a novice would be very likely to tells his friends "i got a DUI" if he was charged for any of those sections. |
| I love it when they have a restriction on their license of say .04 and they blow a .24 or something... EASY conviction, oh yeah did I mention he almost hit my patrol car when he tried to put it in park instead of reverse? I was at his door and had to jerk it open and hit the parking brake to keep it from rolling back to it. quite entertaining to watch the video later. |
All cops? 95% of cops? 50% of cops? 10% of cops? 1% of cops? I doubt it is even close to 1% of cops who will lie to get a conviction. I know I would not. I know hundreds of cops and I do not know even 1 who I believe would lie to get a conviction. When I go to court I want to win like anyone else. That is human nature but if the proof s not there so be it. Of course if I did not believe it was a good arrest I would not make the arrest in the first place. RetroRevolver77 has proven himself time and time again as a cop basher bordering on a cop hater. If he were under oath I believe he would purjure himself to try to make a cop look bad. |
Is it standard procedure to refuse councel even if asked prior to the testing? What about showing them the last time the machine was calibrated if they ask? I mean these tests can be off as much as 50% in either direction. Course if tested an hour after the person was driving then likely you can get the highest results since this would be during their "peak" blood alchohal level. Hell, just get them to blow harder into the machine since this can actually double their test results anyway.  RR |
See I never said "all cops" but I wouldn't perjure myself on the stand either- I have integrity and when I swear before God, it's the truth. However my experience has taught me that some cops lie and ruin people's lives. I'm not a cop basher, several of my friends are cops- however I don't like crooked cops. RR |
In Cali it is. you do not have a right to an attorny during blood or breath testing. Its even written on the admin per se form so you can show it to the suspect. |
My father is a large man and a seasoned drinker. A single beer and a BAC of 2%, in my opinion, would not impair this man beyond the ability to operate a motor vehicle. I wonder why he was arrested and charged with DUI. |
The actual arrest takes place before the test is administered. Also if a person is arrested at 8:00 p.m. and the test does not take place till two hours later the BAC can drop. |
I've arrested a guy before with a .04. During the FST's he presented himself to be over the legal limit. When the actual test was done it came out he was under the legal limit. He was still under arrest and charged with DUI. I can't go back and unarrest him. The court has to dismiss the charges. |
This is the truth......... |
There are generally 2 limits. 1) Operating under the influence. The PC for that charge is the driving, appearence, bloodshot eyes, odor of intox, slurred speech, etc, and Field Sobriety tests. 2) A strict alcohol limit, .08 usually. IIRC there was a .04 caught on a dashcam, that was convicted of DUI, he is the lowest strictly alcohol DUI in WI. Then again, RX/OTC meds can be the intoxicant in a DUI Street drugs can be the intoxicant in a DUI Alcohol can be the intoxicant in a DUI Some also mix more than 1 of those types of intoxicants, or go for the hat trick. Any detectable amount of THC and .04 BAC is the same as a .08 alcohol DUI, according to those that study such things. |
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In IL you get 2 tickets; One for operating a motor vehicle with a BAC of .08 or above, and one for driving under the influence. If you refuse the BAC tests, you get suspended for 6 months minimum. During the arrest the officer performs field sobriety tests, and is required to observe you for a specified amount of time. If you have refused, or are able to supress the BAC results, they still have the officers testimony as to your condition, as observed by someone "trained" to detect impairment. They get you one way or the other. |
Because it was a .20 not .02, and it was 1 large pitcher, not 1 beer. Like many defendants/alcoholics he minimizes his drinking, and the effects it has had on his life. Seasoned drunks "look better" than amatuers when drunk, but their ability to do complicated tasks, like driving, is impaired as well. The simple tasks, they can still do fairly well. |
I do not believe any of what you typed there is accurate. |
See I never said that you said all cops. You did however type "Cops" so that does not leave any of them out so therefore it must include all of them. I simply asked (in a round about way) what percentage you believe would lie under oath. If you swear before God you :believe" it is the truth, just like every cop I know. I have seen many of your posts in Law Enforcement related threads. I will leave it at that. |
I hope you mean .02% or even .2% A blood alcohol concentration of 2% your father would be dead. That is 25 times the legal limit. |
Are these real refusals or one of the BS ones that the cops lie and claim because the machine registers it mistakenly as a refusal? I don't drink and never have, but during my second arrest for DUI, it took until I almost passed out during my third attempt before the machine finally registered it as a nonrefusal. The first two times I blew as hard as I could, but the machine still claimed I refused to blow and the cop lied on the paperwork and stated I refused. I nearly had my license suspended for DUI even though I have never drank a drop of alcohol in my life. Of course my cop friends had no problem with that.z |
You never drink but have been arrested twice for DUI? What aren't you telling us? The breathalyzers have flow meters to determine if you've provided enough air for a legitimate sample - it's not up to the officer. Arrested twice for DUI but don't drink or have any other chemical in your system causing an impairment - BS. 0.08% BAC is the level at which you are presumed under the influence. Brian Brian |
He has Parkinsons, and has the involuntary muscle movements, etc. If it happened once, I'd say cop that doesn't know what they are doing, but twice........ |
| It varies by state but in NM .08 is considered legally impaired, no question. Under .04 is considdered not under the influence. .04 to .08 is the grey area....the officer has to prove impairment....subject's driving, reason for stop, performance on field sobriety tests, smell, slurred speach, unsteady gate, divided attention tasks, etc. |
.02 is 2% .2 is 20% 2.0 is 200%. At least thats what I remember from high school. |
Either he had a CDL or he forgot a 1 or 2 right behind the decimal point. Ask him for the court docs because it smells like some BS. |
for real? in VA, AFAIK, if you refuse a breathalyzer, you refuse your drivers license, and they take it from you.  i could be wrong, but i think i am right. |
Yep 2% = .02 BAC |
That law is just fucked up. Because I refuse to submit an evidentry sample, you are going to hold me down and stick me with needles??? Fuck that. The law should be changed, to reflect a refusal as an automatic assumption of guilt, and the penalties assessed equal to those of a result of a test indicating BAC in excess of the legal limit. My sister in law, an attorney, is already up to speed with regard to what I'll need of her services, should a cop try to needle me for blood. It's just bad law! 
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None of that is correct in NM. The breath alcohol instraments of today are as accurate as blood draws, a calibration check is run with each and every breath test and is included on the breath test results given to the suspect, NM is an "implied consent" state (when you sign your driver's license you give your consent to submit to testing), and the majority of DUI arrests are on the down side of the curve so the actual test is lower than at the time of arrest. You might wanna check on things before randomly complaining? |
Come out west.... no warrant. We just draw blood if you refuse. It is called implied consent
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And breath ALWAYS tests lower than blood. |
You go for blood, so do I. It's ON!!!!!
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Nah, you are strapped in the hannibal chair and we find the hottest nurse, that can't find a vein, go to town with the biggest needle in her arsenal.  Honestly, the doctors are much worse.... they like the femural artery. Beats me why, but they seem to be pissed at drunks
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Actually should be .02 grams of alcohol per 210 liters of breath (.02g/210l) or ,02 grams of alcohol per 100ml of blood |
It's a racket. If they were serious about changing the behavior they'd bulldoze the parking lot of every bar in the country. But they wouldn't get paid that way. Somewhere, there is a happy medium between what existed back in the day and what exists now. Maybe we should let scientists set the standad rather than politicians and weeping widows. Just a thought.
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Negative...now I'm talkin modern instraments from today not the 1970s....if you do a breath test and then draw blood within an hour of each other, because of alcohol metabolism, the results will be the same. I have seen it on more than a few occasions. Blood tests will pick up on things other than alcohol too though. |
And the SFSTs (Standard Field Sobriety Tests) were established using .10 not .08 |
All I want is a standard based on reason, not what MADD can bully out of Congress. |