CA DUI Info

[Vic]

Originally posted by: yukichigai
I do think hitting a center divider may have constituted probable cause though. 😛

In fact it does.

Originally posted by: yukichigai
The letter briefly outlined her plan. It included comp.

And collision? If so, I'm calling BS on your part.

 

[VTboy]

Was the car totaled. I was just wondering.

 

[bradruth]

Originally posted by: Phocas

Originally posted by: bradruth

Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.

Thats why he said MOST you tool.

How does that make me a tool?

 

[yukichigai]

Originally posted by: VTboy
Was the car totaled. I was just wondering.

Erm, mine or his?

Mine, half of it. Can't really tell now though. Except for the crappy electrical system.

 

[VTboy]

I doubt the fact he hit a center divider was the reason they gave him a DUI test. I fell asleep and hit the center divider. I was just asked if I was drinking or on drugs. No test to prove if I was telling the truth or not. He must have been reeking of booze.

 

[StageLeft]

Originally posted by: yukichigai

Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

It's people like you that cause most highway deaths.

A .13 is too much, regardless of how much you weigh or how "experienced" a drinker you are. A BAC measurement is relative to your body mass because of the way it is measured. The only factor his weight plays is how many drinks it took to get him there.

.08 is toeing the line as it is. It is because of "knowledge" like that which you posted above (read: misinformation and lies) that people think they are capable of driving. And no, most of us haven't "done it" before. Certainly not like your friend did.

By the way, .13 was apparantly high enough this time around because your friend ran into a f%$#ing highway divider. That should have been the first clue he wasn't capable of handling a vehicle.

OWNED.

Anyway, this is good that it happened in the way it did, because now your friend - if he is smart - will realize that it could have been much worse, and he will not drink and drive again.

BTW I disagree about most people having done it. I would say that the majority of drinking adults - let's say by the time they hit 40 - have drunk before while over the legal limit. I don't have numbers on it, but I bet that is the case.

I guess your friend had bad luck because he had to do all of those test.

Liqour is easy to smell on the breath, and cops look for it.

In regards to the lady who didn't have her insurance cover her accident...if I'm driving down the road and I have a lapse in intelligence and simply careen into a tree and the car is totalled, collision insurance will cover that, even though it's entirely my fault. That is, afterall, really the point of collision. So, she maybe had liabliity and was trying to sue somebody else for her accident?

 

[yukichigai]

Originally posted by: Vic

Originally posted by: yukichigai
I do think hitting a center divider may have constituted probable cause though. 😛

In fact it does.

Originally posted by: yukichigai
The letter briefly outlined her plan. It included comp.

And collision? If so, I'm calling BS on your part.

I know, I couldn't really believe it either, but they flat denied her claim. I talked to my folks though (at the time it was their car) and they told me they've seen worse coverage. My dad was in the Marines during Vietnam; when he got out no insurance company would take him except for one. (Apparantly most Marines had this problem) From what he's told me their coverage had loopholes and glitches like this.

Oh yeah, I should mention that while the letter didn't mention it we did bring it up with the gal. She waffled something about falling asleep at the wheel, etc. There may have been a police report that influenced the insurance company's decision.

ADDENDUM: The whole situation is a mystery to me. Remember, all I have is one misplaced letter and a waffled statement from the lady in question. The point of my story is that insurance companies don't have to cite anything major to deny your claim, even if you have comp insurance.

P.P.S. I'll see if I can dig out my old insurance forms from back when I had comprehensive. I'm fairly sure there was a clause in there that said "if you are found guilty of a moving violation above such and such severity we will deny any claims for comprehensive payment."

 

Originally posted by: bradruth

Originally posted by: Phocas

Originally posted by: bradruth

Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.

Thats why he said MOST you tool.

How does that make me a tool?

Your response makes you a tool. Go bounce a ball or something.......

 

[bradruth]

Originally posted by: Phocas

Originally posted by: bradruth

Originally posted by: Phocas

Originally posted by: bradruth

Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.

Thats why he said MOST you tool.

How does that make me a tool?

Your response makes you a tool. Go bounce a ball or something.......

Excuse me?

 

[Compton]

Originally posted by: whiteboy81
and .13 is not that high of a BAC especially for a 240 lb experienced drinker.

LMAO! An EXPERIENCED drinker!

Yeah, DUI is fine as long as you've done it a lot in the past.

 

[whiteboy81]

Originally posted by: Compton

Originally posted by: whiteboy81
and .13 is not that high of a BAC especially for a 240 lb experienced drinker.

LMAO! An EXPERIENCED drinker!

Yeah, DUI is fine as long as you've done it a lot in the past.

My point was not to justify the drinking and driving, my point was that he was not 'impaired' to drive. He was able to pass all field sobriety tests. An inexperienced drinker could fail a field sobriety test at .05 BAC and really be not in a driving condition. An experienced drinker could have BAC as high as .20 and pass all field sobriety tests, thus not being really impaired to drive. There are plenty of studies out there which will show just that, go look it up.

Oh and BTW I didn't say an experienced drunk driver, just an experienced drinker, so you're last remark is totally off track.

 

[Vic]

Originally posted by: whiteboy81
My point was not to justify the drinking and driving, my point was that he was not 'impaired' to drive. He was able to pass all field sobriety tests. An inexperienced drinker could fail a field sobriety test at .05 BAC and really be not in a driving condition. An experienced drinker could have BAC as high as .20 and pass all field sobriety tests, thus not being really impaired to drive. There are plenty of studies out there which will show just that, go look it up.

Oh and BTW I didn't say an experienced drunk driver, just an experienced drinker, so you're last remark is totally off track.

I'm sorry, but assuming that he never hit the center divider before while sober, then I'd say that he might have been just a wee bit impaired this time around. 😉

 

[whiteboy81]

He hit the center divider because he was cut off by another car and lost control when he swerved.

Why do you have to be so judgmental? When I made this post I didn't ask everyone whether they thought drinking and driving was wrong, I asked a couple of legal questions hoping that someone could help me gain some insite. The constant bickering and banter is really unneccessary and unproductive. If you can help please do, if not, I don't need to know how bad you think drinking and driving is, because I already agree with you.

 

[Mill]

I could understand an argument about maybe .10 or .12(stretching it), but .20 and driving? No. You are VERY drunk at .20 no matter how often you drink.

 

[Mill]

Originally posted by: whiteboy81
He hit the center divider because he was cut off by another car and lost control when he swerved.

Why do you have to be so judgmental? When I made this post I didn't ask everyone whether they thought drinking and driving was wrong, I asked a couple of legal questions hoping that someone could help me gain some insite. The constant bickering and banter is really unneccessary and unproductive. If you can help please do, if not, I don't need to know how bad you think drinking and driving is, because I already agree with you.

The question remains, however, would he have lost control if sober? Alcohol impairs judgement and reacton time, and could have been the leading factor in him losing control. In a normal sober day he might have shrugged it off as typical freeway driving. Just my .2 cents.

 

[whiteboy81]

People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

 

[iwearnosox]

Originally posted by: yukichigai

Originally posted by: dartworth

Originally posted by: yukichigai

Originally posted by: VTboy
I am also from California. So why did they do a DUI test on your friend. Was he reeking of booze.

Cops are allowed to test DUI without any form of probable cause. More than likely they smelled it, but they don't have to justify it.

Of course they have to have probable cause...otherwise it is a violation of your civil rights.

The few that we have left in the states.

No, they have to have probable cause to pull you over. Once you've been pulled over they can test you for DUI. A seatbelt violation can lead to a DUI test.

I do think hitting a center divider may have constituted probable cause though. 😛

There were underwear gnomes in the street, he swerved to avoid them.

 

[bradruth]

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

Some pretty serious heresay there.

 

[iwearnosox]

Originally posted by: bradruth

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

Some pretty serious heresay there.

I've seen absolutely drunk people get pulled over and pass. It happens.

 

[bradruth]

Originally posted by: Sifl

Originally posted by: bradruth

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

Some pretty serious heresay there.

I've seen absolutely drunk people get pulled over and pass. It happens.

I'm not saying it doesn't happen, but even among seasoned drinkers it would vary from person to person. Sometimes it will only come down to subtle differences in behavior and/or movement.

 

[Mill]

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

This is simply not true, but it doesn't matter anyway. Just because you pass the field sobriety test doesn't mean you aren't legally drunk. Plus, I doubt many people at .20 would pass it to begin with. They may have an easier time with balance related tasks, but something such as Horizontal Gaze Nystagmus test he would not pass. Thus it is likely he wouldn't pass all field tests, but that is beside the point because .08 is the limit. Now I can agree that someone who drinks more often can handle the effects better, but at .20 you have zero business being behind the wheel of a car. .20 is a significant amount of alcohol and is not to be confused with 5-6 drinks over several hours. To achieve .20 you have to do some heavy drinking in a short amount of time, and it will effect reflexes and your cognitive ability. The breathalyzer is there to accurately guage how much alcohol is in your bloodstream, and it is obvious he was over the limit for all 50 states. Like I said... the only legal advice at this point is to immediately retain an attorney and do everything they say. Anything else is just a waste of time.

 

[Mill]

Originally posted by: Sifl

Originally posted by: bradruth

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

Some pretty serious heresay there.

I've seen absolutely drunk people get pulled over and pass. It happens.

Maybe balance test, but I doubt something like Horizontal Gaze Nystagmus.

 

[bradruth]

Originally posted by: Mill

Originally posted by: Sifl

Originally posted by: bradruth

Originally posted by: whiteboy81
People that drink a 12 pack plus everynight could drive at .20 and pass all field sobriety tests, granted, they are raging alcoholics, but it could be done.

Some pretty serious heresay there.

I've seen absolutely drunk people get pulled over and pass. It happens.

Maybe balance test, but I doubt something like Horizontal Gaze Nystagmus.

Exactly. You can't control involuntary movements.

 

[whiteboy81]

I agree with all of you, my friend is a jackass and had no business being behind the wheel. He should have to deal with the consequences. I just don't think that one of those consequences should leave him on the line for his $20,000 car loan especially because he was validly insured at the time.

If anyone could officially answer that part of my question that would be great.

I don't want you all you get me wrong here, I don't think he should have been behind the wheel and I've been warning him for some time now, because another one of my friends got a DUI over a year ago. Since then I won't even sniff booze and drive, but it seems like some people have to learn the hard way.

 

[nodoubts2k]

what does a DUI tell you exactly? Is it like a piss test?