BayAreaZT Posted January 20, 2005 Share Posted January 20, 2005 My brother got arrested for DUI last week. The legal BAC in CA is .08 I believe. His highest breath test was .05. This was his first offense. Can he get this thrown out? If so, what is the best way to go about it? Quote Link to comment Share on other sites More sharing options...
80LS1T Posted January 20, 2005 Share Posted January 20, 2005 How can they even call it a DUI if he was under the limit? I thought thats what the limit was for, so that they can say "yah your driving under the influence or no your not driving under the influence" Guy Quote Link to comment Share on other sites More sharing options...
JMortensen Posted January 20, 2005 Share Posted January 20, 2005 I think exactly the opposite of Guy. I think you should be given a DUI if you're .01 or .20 IF you're not capable of controlling your vehicle. If you are capable, they shouldn't be able to give you a DUI regardless of your BAL. My sister in law got nailed with me in the car about a year ago. She had 2 beers (which we later found out were double the strength of regular beers) and she was driving FINE. She got pulled over for doing 39 in a 35. Seriously. She passed the field sobriety test, but blew a .1. Friggin BS! Dale, right now as I understand it the law works against you in both situations. If you fail the sobriety test but are under the legal limit, you're screwed. If you are over the limit regardless of how you're driving, you're screwed. Quote Link to comment Share on other sites More sharing options...
2126 Posted January 20, 2005 Share Posted January 20, 2005 Come on guys, there's only one effective way to deal with this isuue...DON'T DRINK AND DRIVE!!! How simple is that? Quote Link to comment Share on other sites More sharing options...
JMortensen Posted January 20, 2005 Share Posted January 20, 2005 Come on guys, there's only one effective way to deal with this isuue...DON'T DRINK AND DRIVE!!! How simple is that? I don't, but I don't because of the fear of being caught, not because I think that after a beer I'm an inherently dangerous driver. I think drinking and driving is a problem, but it is also a huge revenue generator for the govt, and that's why my sister got pulled over. She did get pulled over just after the bars closed... 2126, I wonder if you feel the same way about speed traps. JUST DON'T SPEED AND YOU WON'T GET A TICKET! While that is TRUE, it is also a big steaming pile of BS and the govt shouldn't be doing it. Quote Link to comment Share on other sites More sharing options...
Pop N Wood Posted January 20, 2005 Share Posted January 20, 2005 A lot of groups are screaming for zero tolerance. Any BAC and you get ticketed. Period. Might be revenue enhancement, but might just be political. That is why I simply do not drink and drive. Too many people on a crusade and too damn expensive if you get caught. And I don't believe the allowable consumption tables. I think most of the tables say if a 120# woman has 2 beers in an hour they will blow the .08 or .1. But a 250# man can have 5 to 6 beers an hour. No way! Two or three hours of that I would be blowing chunks, let alone a 0.1! But depending on state I think there is still something they can charge you for even if you are under the limit but non-zero. As for your brother, might try for probation before judgement. Basically it would then be dropped from his record if he doesn't get a ticket during the probation period. First offense, 0.05, hopefully they video taped the sobriety test and he did well. All of that could work toward some type of lienency. Might want to talk to a lawyer who works in you area about it. Can vary from judge to judge. Definitely want to avoid anything on your record related to alcohol. Quote Link to comment Share on other sites More sharing options...
BrandonsZ Posted January 20, 2005 Share Posted January 20, 2005 "You should know that an arrest can be made at any blood alcohol level. Some counties routinely prosecute people with levels as low as 0.05% BAC." http://www.attorney-criminal-dui.com/dui.htm Quote Link to comment Share on other sites More sharing options...
2126 Posted January 20, 2005 Share Posted January 20, 2005 I don't' date=' but I don't because of the fear of being caught, not because I think that after a beer I'm an inherently dangerous driver. I think drinking and driving is a problem, but it is also a huge revenue generator for the govt, and that's why my sister got pulled over. She did get pulled over just after the bars closed... 2126, I wonder if you feel the same way about speed traps. JUST DON'T SPEED AND YOU WON'T GET A TICKET! While that is TRUE, it is also a big steaming pile of BS and the govt shouldn't be doing it.[/quote'] Yah, I have to agree with you.....so, I guess it's just a matter of "If you play you play" that is if you get nabbed by the P.D. Here's a little joke for you.......I NEVER SPEED and I NEVER DRINK! Don't even believe it!!! Quote Link to comment Share on other sites More sharing options...
280Zone Posted January 20, 2005 Share Posted January 20, 2005 DUI means Driving under the influence. Influence of anything including alcohol. It also includes a statement like "if impaired to the slightest degree". So here if they want you they get you. Our .08 is just a no questions asked guarantee. Like others suggest, don't drink and drive. Quote Link to comment Share on other sites More sharing options...
BayAreaZT Posted January 20, 2005 Author Share Posted January 20, 2005 I guess I need to get more information from him. He didn't mention anything about the field tests. They must have arrested him based on his driving but if you have ever rode in a car with him you'll know he's not the best driver on the road even when 100% sober. Quote Link to comment Share on other sites More sharing options...
80LS1T Posted January 20, 2005 Share Posted January 20, 2005 I didnt mean that if your .08 or less yo should be driving. I just thought thats what the "limit" was for? I personally think drinking and driving should be treated like attempted man slaughter. I hate hearing about some a-hole who thought he was ok to drive but wasnt, killing a whole family. I wish the laws were tougher and hopefully some day they will be. Yah I drink occasionally but me and my friends ALWAYS pick someone to be the "Double D". Sometimes its me sometimes its not but we NEVER EVER drink and drive! Its just not worth it. No to mention that if I got a DUI it would be very hard to get a job as an auto tech because of the insurance the dealership has to have to have a tech with a DUI on record. Guy Quote Link to comment Share on other sites More sharing options...
Georgia Flash Posted January 21, 2005 Share Posted January 21, 2005 Keep in mind that while most states have a legal limit such as a .08 or .10 grms percent for their DUI laws you can still get hooked up for driving with a lot lower Blood Alcohol Level. This generally depends on what type of driving that the officer witnessed you doing at the time he stopped you. You would be amazed at how many people say "I have only drank two beers officer," when they are pulled over. In fact in most cases where a DUI arrest has been made they have drank a boat load more than two beers. As far as "passing" the field sobriety tests goes, I doubt that many people can see the eyes of the violator while the officer was doing the Horizontal Gaze Nystagmus test (HGN). Providing of course the officer is certified to do this field evaluation. The eyes never lie and this is one test that can not be faked because the person being tested by the officer has no idea what the officer is looking for in the first place. This is also one of the most reliable field tests that police officers have to detect impaired drivers. The other field evaluation tests recognized by NHTSA are the walk and turn test and the one leg stand test. Both of these tests can be "passed" by persons who drink on a regular basis, although not always. This sometimes fools the casual observer into thinking that a person has passed the tests when in fact they may not have passed the HGN exam. In Georgia which has a "per sae" limit of .08 grams percent means that if you get stopped by the police and you blow a .08 or higher you are DUI, period! This is regardless of the field stupidity tests that you pass or fail on the side of the road. In closing I just want to add that no one no matter how big or small can blow a .10 grams percent after just drinking two 12 oz. beers. Unless maybe they sucked them down very quickly back to back such as through a funnel. Then and maybe then they could blow close to a .10 but I do not think so. I base my opinion on the fact that I worked as a DUI Task Force member from 1996-1998 and made well over 350 DUI arrests during that time. I heard all kinds of excuses and yes the "I only had two beers" excuse was right up near the top. Quote Link to comment Share on other sites More sharing options...
Pop N Wood Posted January 21, 2005 Share Posted January 21, 2005 This is the type of table I was talking about. http://www.factsontap.org/yourbody/BALtable.htm If I am reading it right, a 100# woman has two drinks in an hour and she will have a 0.1 BAC. A 250# man can have 5 to 6 beers an hour before he hits the same level? "I haven't had too much to drink, officer, I just don't weigh enough." Also burp before you blow in the machine and you will peg it out. The breath machines are not 100% perfect. They also read high if the person has just had a drink. Need to wait for the alcohol to make it into the blood. Quote Link to comment Share on other sites More sharing options...
JMortensen Posted January 21, 2005 Share Posted January 21, 2005 You would be amazed at how many people say "I have only drank two beers officer' date='" when they are pulled over. In fact in most cases where a DUI arrest has been made they have drank a boat load more than two beers. As far as "passing" the field sobriety tests goes, I doubt that many people can see the eyes of the violator while the officer was doing the Horizontal Gaze Nystagmus test (HGN). Providing of course the officer is certified to do this field evaluation. The eyes never lie and this is one test that can not be faked because the person being tested by the officer has no idea what the officer is looking for in the first place. This is also one of the most reliable field tests that police officers have to detect impaired drivers.In closing I just want to add that no one no matter how big or small can blow a .10 grams percent after just drinking two 12 oz. beers. Unless maybe they sucked them down very quickly back to back such as through a funnel. Then and maybe then they could blow close to a .10 but I do not think so. I base my opinion on the fact that I worked as a DUI Task Force member from 1996-1998 and made well over 350 DUI arrests during that time. I heard all kinds of excuses and yes the "I only had two beers" excuse was right up near the top.[/quote'] Definitely the words of a cop who hasn't been to a microbrewery to be sure!!! The place where my sis and I had dinner was a brewery and the beers were MUCH stronger than say, Bud or MGD. Of course we did not realize this at the time. The food is really good there, so we went back later (this time I was DD) and they wouldn't even serve my 210 lb friend more than 3 beers. This was kinda surprising, but then it came out that a LOT of people have been getting DUIs while staying within the "one drink per hour" chart like Pop mentioned. Here's something relevant: http://www.realbeer.com/edu/health/calories.php Quote Link to comment Share on other sites More sharing options...
Georgia Flash Posted January 21, 2005 Share Posted January 21, 2005 Ok the burp thing will only last maybe ten to fifteen minutes at the most. That is why we have to wait 20 minutes before giving a breath test to someone. TWENTY minutes after each burp! What this is called is mouth alcohol and the machine we use anyway will detect this mouth alcohol and give an invalid test. The machine is calibrated on a regular basis and if found to be faulty it is taken out of service. So I doubt if the old defense attorney BS about "how the government will use these faulty machines to convict you of a DUI" holds water (taken from a George stein the DUI lawyer commercial). And while I have never been to a micro brewery I have drank my share of beer, wine and yes the hard stuff. Most cops will take a portable alco sensor to parties with them. This is why I know for a fact that I can drink a beer an hour for at least 4 to 5 hours and never even get close to a .05! Let a lone a .10! I am a small individual and my wife is even smaller. She is about 5 feet 1 inches and weighs about 115lbs! The highest i have ever seen her go was a .08grms! You might want to say that I have conducted my on field studies on this matter. However, I knew that as soon as I defended the system on this site I would get raped just like I always do. This is one of the reasons that I have stayed away from here so long. Gentlemen I may not have the V-8 Z running yet because I do not have the technical knowledge as some of you possess but rest assured I do have the knowledge when it comes to my day job. I have never drank two beers in two hours and registered over a .01. I am speaking from experience here. Quote Link to comment Share on other sites More sharing options...
Mike kZ Posted January 21, 2005 Share Posted January 21, 2005 However' date=' I knew that as soon as I defended the system on this site I would get raped just like I always do. This is one of the reasons that I have stayed away from here so long. [/quote'] I hope this is not true Flash, I for one love to here a cop's view on matters like these! Quote Link to comment Share on other sites More sharing options...
Tim240z Posted January 21, 2005 Share Posted January 21, 2005 I hope this is not true Flash, I for one love to here a cop's view on matters like these! ditto!!!!! Quote Link to comment Share on other sites More sharing options...
Pop N Wood Posted January 21, 2005 Share Posted January 21, 2005 I don't think anyone was raping you. Sorry if you thought I was. I wasn't even questioning what you said, just seeking clarification of things I have read earlier. Some of us just like to argue more than others. Also want to say welcome back. Funny but when this thread first showed up I got to thinking about how long it has been since I have seen one of your posts. I wondered if someone like you would chime in. I think I know what you are saying about the answer "a couple of beers". Every drunk, no matter how hammered, is going to say the same thing. I am not sure why cops even ask the question other than to just start the conversation rolling. As for how much it takes to get imparied, IMO there is really no accurate way to know. I don't trust the tables and drinks can really vary in potency. And even if you are under the legal limit, if you get in an accident where someone gets hurt you are in for a world of legal problems. This is true whether the accident was your fault or not. It is really not worth taking the risk so what is the point of even arguing about it? Quote Link to comment Share on other sites More sharing options...
JMortensen Posted January 21, 2005 Share Posted January 21, 2005 Hey, the last thing I wanted to do was "rape" you... disagreeing is quite a different thing than rape. Someone a little sensitive??? Put in context: I think anyone who is a night owl has seen cops waiting around outside of bars looking for drunk drivers. You can legitimately say that they are protecting the public by making sure that unsafe drivers aren't out on the road. But you can say the same about the cop hiding behind the tree where the speed limit goes from 55 to 45 to 35 in 100 feet. There are obviously people who drink to the point that they are incapable of driving in a safe manner and should not be behind the wheel. Then there are some who are pulled over for doing 39 in a 35 and are given a DUI. If it weren't 2:30 in the morning she NEVER would have been pulled over in the first place. That is the issue. I understand the idea that the law is easier to enforce if there is a hard fast rule, like .08 = DUI. I just don't agree with it because I feel the limit is somewhat arbitrary. It's like the cell phone thing. I used to say that it should be illegal for people to drive and talk on the cell phone (and I also used to be a zero tolerance guy when it came to DUI's too). Then I realized that it is not the cell phone that is the problem, but the idiot driving the car. Why should tens of millions of people who are capable of driving while talking on the cell phone have to pay the price for the few idiots who can't. The test should be HOW THEY'RE DRIVING, not what they're doing. So for me people should be punished REGARDLESS OF THEIR BAC for HOW BADLY they are driving, and not punished REGARDLESS OF THEIR DRIVING for having a high BAC. Again, I'd give a swerving idiot with a .01 a DUI in a heartbeat. EDIT--One more thing I just realized is that we were at a brewery so we were drinking pints. I don't think I had factored that in before. Quote Link to comment Share on other sites More sharing options...
fl327 Posted January 21, 2005 Share Posted January 21, 2005 Lawyer.... Quote Link to comment Share on other sites More sharing options...
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