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Can you be convicted of a DUI and blow under the legal limit?
Posted on 2/2/16 at 8:57 am
Posted on 2/2/16 at 8:57 am
A friend of mine was pulled over last week for swerving across the middle line. He was smoking a blunt and was ashing, and crossed the line for a second. Cops pulled him over and conducted a field sobriety test. Which he failed. He blew .094 on the scene. By the time they got him to the station he blew .074 on the official machine. They still charged him with a DUI. The legal limit is .08 in his state. How can they do that? I didn't think the on scene test was reliable enough for conviction.
ETA corrected numbers
ETA corrected numbers
This post was edited on 2/2/16 at 9:04 am
38
Posted on 2/2/16 at 8:58 am to rebeloke
The legal limit 0.08, hoss
Posted on 2/2/16 at 8:59 am to rebeloke
.8 would kill a motherfricker, you can't be serious.
Also, your friend is a loser for driving under the influence and a sorry piece of shite for putting his life and others in dangers. frick you for defending this POS.
Also, your friend is a loser for driving under the influence and a sorry piece of shite for putting his life and others in dangers. frick you for defending this POS.
Posted on 2/2/16 at 8:59 am to rebeloke
quote:
The legal limit is .8 in his state.
Posted on 2/2/16 at 8:59 am to upgrayedd
In Georgia it is officers discretion. Anything over 0.00 and if they feel like it they can take you in.
Posted on 2/2/16 at 8:59 am to rebeloke
Yes he can be convicted. If they were really being thorough they could've done another about 30 minutes later to show he was coming down.
Posted on 2/2/16 at 9:00 am to LSUTigers9458
quote:
.8 would kill a motherfricker,
Posted on 2/2/16 at 9:00 am to rebeloke
He just needs a good lawyer and he will walk on a lessor charge.
There is no spot test for weed use, he may have it in his system, but so would someone who quit three weeks ago.
I've seen people get off for more.
Paying a good lawyer a few thousand is better than paying $10,000 in fees and monthly classes for a year or two.
There is no spot test for weed use, he may have it in his system, but so would someone who quit three weeks ago.
I've seen people get off for more.
Paying a good lawyer a few thousand is better than paying $10,000 in fees and monthly classes for a year or two.
Posted on 2/2/16 at 9:00 am to rebeloke
You really need your thread starting ability curbed by the admins
fricking terrible
fricking terrible
Posted on 2/2/16 at 9:00 am to rebeloke
Your friend is apparently an Irish Superhero.
DrunkMan!
With the power to drink until there is blood in his alcohol level and smack women around at the speed of smell.
DrunkMan!
With the power to drink until there is blood in his alcohol level and smack women around at the speed of smell.
This post was edited on 2/2/16 at 9:02 am
Posted on 2/2/16 at 9:00 am to rebeloke
Tell your friend he is also stupid for blowing.
Posted on 2/2/16 at 9:01 am to rebeloke
Let's say he blew a .09 on the scene. And like you said he blew UNDER later on after being detained.
He blew over though. He blew over at the scene which means he blew over while driving. And friend sounds like a moron. Smoking a blunt while driving while drinking. Hope he learns from this
He blew over though. He blew over at the scene which means he blew over while driving. And friend sounds like a moron. Smoking a blunt while driving while drinking. Hope he learns from this
Posted on 2/2/16 at 9:02 am to rebeloke
quote:
The legal limit is .8 in his state.
I think Ben Wynne tried to set that record once in Louisiana.
Sorry if too soon.
Posted on 2/2/16 at 9:02 am to rebeloke
Blunts are trashy anyway.
Posted on 2/2/16 at 9:03 am to rebeloke
quote:
swerving across the middle line.
quote:
He blew .94
probably because he was dead
eta: never blow
This post was edited on 2/2/16 at 9:04 am
Posted on 2/2/16 at 9:03 am to rebeloke
quote:
I didn't think the on scene test was reliable enough for conviction
It doesn't matter what you think. Admittedly your friend blew a .94. It's only reasonable that his BAC would be lower by the time he got to the station. Prosecutors have discretion in these instances, but I don't see them willfully reducing charges based on the information you provided. Get a lawyer.
Posted on 2/2/16 at 9:03 am to rebeloke
Tell the stupid frick not to blow at the scene if he's been drinking! My God you kids are morons
Posted on 2/2/16 at 9:04 am to rebeloke
Yes. But a charge =/= a conviction. If he hires a good DUI attorney and the facts are limited to what you say, then he has a good chance of winning or convincing the da to drop the case.
This post was edited on 2/2/16 at 9:06 am
Posted on 2/2/16 at 9:05 am to rebeloke
This is the first I heard of Manziel getting a DUI.
Posted on 2/2/16 at 9:05 am to auzach91
You can receive a DWI for anything over .04 if you are observed crossing center line, in an accident etc. If swerving in your own lane, and never actually commit an offense, then .08 and over. Anything under is just probable cause and can't be proved.
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