DUI even though under the legal limit?

[onlyCOpunk]

Was it a holiday weekend?

Some places are stricter on holiday weekends. Like here you can't have any alcohol in your system on holiday weekends while driving.

Pretty stupid to be driving after drinking anyways no matter how many drinks it was.

 

[lxskllr]

Pretty stupid to be driving after drinking anyways no matter how many drinks it was.

Not really... You're telling me you've never had a glass of wine, or beer with dinner? The whole thing's a curious stance considering all the bars and restaurants that serve alcohol. I guess everyone should walk, but then that doesn't fill the state coffers, does it?

 

[jme5343]

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

Wait, wait, wait. You have to be a principal?

 

[alkemyst]

I'm pretty sure that's not right.

The laws suck on it. He could have not even been driving but next to his car drinking and get a DUI.

It's a big gray area and unfortuately falls under traffic court laws which has no real 'innocent until guilty' kind of thing.

 

[HybridSquirrel]

The laws suck on it. He could have not even been driving but next to his car drinking and get a DUI.

It's a big gray area and unfortuately falls under traffic court laws which has no real 'innocent until guilty' kind of thing.

uhhh...here you ahve to have the keys in your ignition. if you are simply in the car but the keys arent in the ignition it doesn't count as a DUI. There was a ruling on it a few years back.

 

[Fritzo]

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?

Checked with the wife (former cop)- he probably won't get a DUI, but will get a lesser "Driving while impaired" charge. This is a charge for people that are hopped up on cold meds, not feeling well, ornot medically able to drive safely for any reason. Your insurance treats it the same way as a DUI though.

 

[alkemyst]

uhhh...here you ahve to have the keys in your ignition. if you are simply in the car but the keys arent in the ignition it doesn't count as a DUI. There was a ruling on it a few years back.

I think you'd be surprised..what county/state was this in? I can probably find contradictory info on that.

There was a lawyer in my class from New York, there they can impound the car. He had a beef with some cops (he was a defense lawyer)...anyway they popped him washing his car in his driveway with a beer on his workbench.

 

[HybridSquirrel]

I think you'd be surprised..what county/state was this in? I can probably find contradictory info on that.

There was a lawyer in my class from New York, there they can impound the car. He had a beef with some cops (he was a defense lawyer)...anyway they popped him washing his car in his driveway with a beer on his workbench.

Jefferson county, Colorado. BTW that story sounds pretty bullshit. The cops can't bust you for drinking a beer on your own damn property...

here are my states dui laws

http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COLORADO%20DRUNK DRIVING LAWS.pdf

and the state bill that lowered the limit from .10 to .08

http://www.statebillinfo.com/sbi/in...=0&filter=b&subject=9&page=2&billnum=SB08-159


says that you must be "operating the vehicle"

 

[mugs]

I think you'd be surprised..what county/state was this in? I can probably find contradictory info on that.

There was a lawyer in my class from New York, there they can impound the car. He had a beef with some cops (he was a defense lawyer)...anyway they popped him washing his car in his driveway with a beer on his workbench.

Why do you post this crap in every thread about DUI? The OP's cousin was drinking and was driving.

Why would you want frequently remind people that you're a dumbass drunk driver?

 

[slayer202]

First, your cousin probably admitted he had some drinks, which he shouldn't have done.

Second, obviously if you are under the limit but clearly impaired you can still get fucked...

 

[Modular]

I wasn't aware this was even possible. It seems like complete and utter bullshit to be honest. I've had a drink at a bar before and then driven home. I guess that can constitute a DWI if a COP needs to hit his/her quota for the month....

Bullshit.

 

[Bignate603]

While I think that there are plenty of people that have impaired driving with less than the legal limit he could probably fight it with a decent lawyer.

 

[SunSamurai]

How about not drinking more than a beer per hour before you operate ant sort of machinery that is capable of killing someone within reason...


...ever?

 

[alkemyst]

Jefferson county, Colorado. BTW that story sounds pretty bullshit. The cops can't bust you for drinking a beer on your own damn property...

here are my states dui laws

http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COLORADO DRUNK DRIVING LAWS.pdf

and the state bill that lowered the limit from .10 to .08

http://www.statebillinfo.com/sbi/in...=0&filter=b&subject=9&page=2&billnum=SB08-159


says that you must be "operating the vehicle"

oh yes they can if like that lawyer had his keys proximal enough to warrant he'd be driving...in the classes you have to basically state "How much has DUI cost me?", that lawyer was into it for over $100k. He was looking to change the whole law and could afford to be driven around. Many in the class I don't think ever recovered financially.

Many get a DUI going back to their car on private property to fetch a lighter or something else during parties. Just depends on the local law enforcement's ideas of getting that revenue.

I can't find the final signed version of that bill, it looks like only the watercraft part made it (lowering boaters to the same .08 limit motorists have).

There are tons of documented stories of those not driving with no intention to drive being arrested.

 

[alkemyst]

Why do you post this crap in every thread about DUI? The OP's cousin was drinking and was driving.

Why would you want frequently remind people that you're a dumbass drunk driver?

Because I was replying to another that thought otherwise.

Why do you just threadcrap? Like seriously, post up something you know about or something new. You are like that guy in a riot that just throws a free kick in then thinks he kicked someone's ass.

 

[HybridSquirrel]

oh yes they can if like that lawyer had his keys proximal enough to warrant he'd be driving...in the classes you have to basically state "How much has DUI cost me?", that lawyer was into it for over $100k. He was looking to change the whole law and could afford to be driven around. Many in the class I don't think ever recovered financially.

Many get a DUI going back to their car on private property to fetch a lighter or something else during parties. Just depends on the local law enforcement's ideas of getting that revenue.

I can't find the final signed version of that bill, it looks like only the watercraft part made it (lowering boaters to the same .08 limit motorists have).

There are tons of documented stories of those not driving with no intention to drive being arrested.

The law is pretty clear cut. You have to be operating a vehicle under the influence. If he got a DUI for having a beer on a workbench he can easily argue that he wasn't driving and it would get thrown out. That sounds like absolute bullshit and I won't believe it unless its backed up with court documents saying they actually arrested, charged, and fined/imprisoned him for a DUI while washing his car with a beer open on a work bench. There have been plenty of times where i slept in my car to sleep off the alcohol and have been woken up by cops and NOT been charged with a DUI. Why? Because it isn't illegal.

 

[Nik]

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

However, his cousin wasn't legally intoxicated.

 

[onlyCOpunk]

Not really... You're telling me you've never had a glass of wine, or beer with dinner? The whole thing's a curious stance considering all the bars and restaurants that serve alcohol. I guess everyone should walk, but then that doesn't fill the state coffers, does it?

Yeah of course, I'm not stranger to drinking. But I also don't own a car and live in a big city so I can walk or take public transport everywhere. Failing that taxis are plentiful. Drink driving is always on the news, yet people still do it, and I find it silly that people do.

 

[ElFenix]

Wait, wait, wait. You have to be a principal?

putting the pal back into principal

 

[alkemyst]

The law is pretty clear cut. You have to be operating a vehicle under the influence. If he got a DUI for having a beer on a workbench he can easily argue that he wasn't driving and it would get thrown out. That sounds like absolute bullshit and I won't believe it unless its backed up with court documents saying they actually arrested, charged, and fined/imprisoned him for a DUI while washing his car with a beer open on a work bench. There have been plenty of times where i slept in my car to sleep off the alcohol and have been woken up by cops and NOT been charged with a DUI. Why? Because it isn't illegal.

It's not clear cut and you got lucky then or didn't appear intoxicated, in many if not most places it's a crime to sleep in your car as well. You probably just met with an understanding set of officers, again you were lucky.

Many have been arrested even sleeping in the backseat. The problem is the law usually has an intent to drive clause in it that is pretty well open to interpretation.

Good luck taking it to court too, as in almost all states you cannot drive at all until you win the case. I'd just do some nice easy google searches. All the proof you can want is out there. I got to see it first hand. In my class of about 50ish people, not one had any incident with another vehicle or person other than having a drink that night IIRC, if there was anyone it was probably the only one.

Search for Montalvo New Jersey dui, this made pretty big news about a guy sleeping it off. Even though the NJ laws are pretty 'clear' on operating a vehicle is a requirement, this guy still got nailed. That is just one. There are many.

Also in many states you don't get a jury trial, you can't plea bargain...the judge has to give the minimum sentence at the very least, they are not allowed discretion. Also in most states you are looking at two trials, one is the 'traffic' one which is not bound by most court rules and then the 'criminal' trial.

 

[MartyMcFly3]

You can be impaired and not be at a .08

 

[alkemyst]

You can be impaired and not be at a .08

And on the flipside you can be not impaired at a higher level (arguing against the average person's reflexes....almost any alcohol in anyone will impair them somewhat whether noticable or not...same with lack of sleep, a phone call, etc).

 

[F1N3ST]

I wish that I could be allowed to drive if I'm in complete and full control of my vehicle. I can drive better half drunk off my ass than women can sober :awe:

 

[Corporate Thug]

there are usually 2 charges: 1 for driving with ANY alcohol (assuming it impairs driving) and the other over the legal limit. For example, in CA, there are 2 violations under the vehicle code:

23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Both are considered to be a "DUI" violation.

 

[Corporate Thug]

However, his cousin wasn't legally intoxicated.

how do you know? what if he was under the state limit but failed his field sobriety tests? The fact that he falls below the legal limit does not establish that he was not intoxicated, per se.