DUI even though under the legal limit?

[her209]

My cousin was involved in a car accident. He was rear ended by a drunk driver. He had also been drinking but was under the legal limit. He came over the weekend and said he still got a DUI. He's over 21 btw.

Is that right?

 

[ChAoTiCpInOy]

I'm pretty sure that's not right.

 

[OutHouse]

no

 

[lxskllr]

Unfortunately, that is right. They pretty much have carte blanc to charge you with anything they like in that regard as long as they have the faintest sliver of evidence. It may work out for him at court time, but I wouldn't hold my breath.

edit:
grammar

 

[Legendary]

No, hire a lawyer, fight it, likely he will win.
It'll still cost but keeping a DUI off your record is always worth it.

 

[HybridSquirrel]

fight it in court. if you're under the limit, and the other guy was over. your cousin shouldn't have been charged with a DUI

 

[olds]

Yes it's right. Used to be called DWI, Driving While Intoxicated.

 

[Legendary]

Just an anecdote, but I was stopped at a checkpoint after 2 glasses of wine, blew a .02 and was let go. I was 22 at the time.

I think DUI is discretionary (while DWI is different) but your cousin should be able to fight.

 

[Lotheron]

Unfortunately, that is right. They pretty much have carte blanc to charge you with anything they like in that regard as long as they have the faintest sliver of evidence. It may work out for him at court time, but I wouldn't hold my breath.

edit:
grammar

WRONG.

That's why there's a LEGAL limit. If he was under it according to the Officer, then he's not guilty of a DUI.

 

[Newbian]

http://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm

 

[lxskllr]

WRONG.

That's why there's a LEGAL limit. If he was under it according to the Officer, then he's not guilty of a DUI.

I suggest you look it up. I've dealt with the shit first hand....

 

[her209]

Unfortunately, that is right. They pretty much have carte blanc to charge you with anything they like in that regard as long as they have the faintest sliver of evidence. It may work out for him at court time, but I wouldn't hold my breath.

No, hire a lawyer, fight it, likely he will win.
It'll still cost but keeping a DUI off your record is always worth it.

fight it in court. if you're under the limit, and the other guy was over. your cousin shouldn't have been charged with a DUI

The incident occurred a while ago so he might have already gone to court. He said he was already taking classes.

He said "DUI" but it may have been a "DWI" that he's just lumping in together as one. This is in California.

 

[olds]

Unfortunately, that is right. They pretty much have carte blanc to charge you with anything they like in that regard as long as they have the faintest sliver of evidence. It may work out for him at court time, but I wouldn't hold my breath.

edit:
grammar

WRONG.

That's why there's a LEGAL limit. If he was under it according to the Officer, then he's not guilty of a DUI.

Quoted for posterity.

 

[ElFenix]

(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.

in texas, it can be either blowing a .08 or not having control of your faculties.

 

[olds]

in texas, it can be either blowing a .08 or not having control of your faculties.

IIRC, it's the same in CA.

 

[Legendary]

IIRC, it's the same in CA.

Yeah but (a) is significantly harder to prove in a court of law vs. (b) so I'd say the cousin at least has a shot in court, no?

 

[KeithP]

That is correct, at least in California.

If the officer thinks you have been impaired by alcohol, you can be sited. The only thing the .08 limit does is give them more evidence should it go to trial as well as having some affect when the judge gives the jury instructions, should it come to that.

This is one thing that usually isn't made clear in all the PSAs that I have ever seen for drunk driving. There has been a new series of commercials that say "buzzed driving is still drunk driving" but they don't really make it clear that if you are under .08 you can still be found in violation of the law.

-KeithP

 

[lxskllr]

Yeah but (a) is significantly harder to prove in a court of law vs. (b) so I'd say the cousin at least has a shot in court, no?

It all depends. Over .08 is a slam dunk for the prosecution, and you're gonna get raped. A cops discretion depends on court that day. Is your judge sympathetic? is he pissed that day? Is the county/state trying to make examples lately? You have a better chance than blowing over the limit, but it's still full of suck.

 

[mugs]

WRONG.

That's why there's a LEGAL limit. If he was under it according to the Officer, then he's not guilty of a DUI.

NOT WRONG. Depends on the state, but driving with a BAC less than .08% is not necessarily legal if your driving is impaired by the alcohol.

The so-called "legal limit" is the point at which your BAC alone is sufficient proof that you were impaired.


@OP - did your cousin's driving contribute to the accident, or was it entirely the other guy's fault? What was his BAC?

 

[seepy83]

There are several different charges that this guy might be up against. It all depends on the jurisdiction, but to name a few that I'm slightly familiar with, there's Aggrivated Driving While Intoxicated (ADWI), Driving While Intoxicated (DWI), Driving Under the Influence (DUI), and Driving While Impaired (another DWI). Your average person typically lumps this all up together under DWI or DUI...but there are significant differences between them. Some of these can be Felony charges, others are Traffic Infractions (like an illegal right on red). The best option is for your cousin to hire a lawyer and find out exactly what he is up against.

And, yes, you can be charged with (all of?) these even if you pass a breathalyzer.

 

[GoPackGo]

He shouldn't have been driving at all...one drink is too many....

 

[Lotheron]

He shouldn't have been driving at all...one drink is too many....

I completely agree with this. Why anyone would want to chance any of the possible outcomes from causing a collision or even kill someone.

Not to mention all the legal trouble / costs involved. Some even lose their job. It's just a stupid decision all around. Call a cab, in the end, a cab fare would be less costly.

 

[Lotheron]

NOT WRONG. Depends on the state, but driving with a BAC less than .08% is not necessarily legal if your driving is impaired by the alcohol.

The so-called "legal limit" is the point at which your BAC alone is sufficient proof that you were impaired.


@OP - did your cousin's driving contribute to the accident, or was it entirely the other guy's fault? What was his BAC?

Charged does not necessarily mean convicted. Depending on prior convictions, etc, etc, and actual severity of the charge, it could be charged down to almost nothing especially with the help of a decent attorney.

That being said, this is not a situation anyone should even put themselves into.

 

[mugs]

Charged does not necessarily mean convicted. Depending on prior convictions, etc, etc, and actual severity of the charge, it could be charged down to almost nothing especially with the help of a decent attorney.

That being said, this is not a situation anyone should even put themselves into.

No doubt, but he definitely can be charged and he will have to spend a lot of money to get out of it.

It's a misconception that you're "ok" if you're under .08. If he had caused the accident he'd be in a worse position than he's in now. People cause accidents for reasons other than being drunk all the time, but if you cause an accident and they find that your blood alcohol content is .07 you're probably boned.

 

[Capt Caveman]

Depends on the state, someone may be under the legal limit but still be under the influence and unable to drive or operate a motor vehicle.