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Posted on 2/2/16 at 9:08 am to fr33manator
quote:
Blunts are trashy anyway.
Everyone knows gentlemen smoke out of a sherlock.
Posted on 2/2/16 at 9:11 am to kook
quote:Want to show your work?
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.
Posted on 2/2/16 at 9:12 am to rebeloke
Happened to my wife a few years ago. Met me downtown for dinner, got pulled over for "improper lane usage" on the way home. She was confidant she was under the limit so she blew. She blew a .03 and the arrested her anyway.
Caused a major shite show especially considering she had quite literally just graduated fro vet school a week prior.
Never talk to police. Never blow. They are not your friend.
Caused a major shite show especially considering she had quite literally just graduated fro vet school a week prior.
Never talk to police. Never blow. They are not your friend.
Posted on 2/2/16 at 9:14 am to rebeloke
If it is a bench trial it is at the judge's discretion whether to convict or not.
Posted on 2/2/16 at 9:19 am to rebeloke
If you blow anything other than zeros on a breathalyzer you can be charged with a DUI because you are driving under the influence of something. Sounds like your friend is just an all around piece of shite. Your friend could get charged with both a DUI and a DWI because of the joint he was smoking. However, I know your track record on this board so I doubt any of this is true anyways. You really should post a frick ton less
Posted on 2/2/16 at 9:21 am to rebeloke
quote:
Can you be convicted of a DUI and blow under the legal limit?
Yes. The "legal limit" is a one directional mechanism. DWI/DUI means you are intoxicated to the point that your driving is impaired. For some people, that could be much lower than the .08 limit. You could be impaired at .04, for instance, but the state has to prove up its case. However, once you hit the magic .08, you are considered impaired whether your behavior/etc demonstrates it.
In simple terms, the .08 "legal limit" just means that you MAY be impaired at a lower blood alcohol content, but at .08 it is ASSUMED that you ARE regardless of any other factors.
Posted on 2/2/16 at 9:29 am to rebeloke
I'm sure he got the DUI for driving under the influence of marijuana. He could have blown a 0.00 and still got a DUI because he was under the influence of drugs.
Posted on 2/2/16 at 9:32 am to PearlJam
quote:
Yes. The "legal limit" is a one directional mechanism. DWI/DUI means you are intoxicated to the point that your driving is impaired. For some people, that could be much lower than the .08 limit. You could be impaired at .04, for instance, but the state has to prove up its case. However, once you hit the magic .08, you are considered impaired whether your behavior/etc demonstrates it. In simple terms, the .08 "legal limit" just means that you MAY be impaired at a lower blood alcohol content, but at .08 it is ASSUMED that you ARE regardless of any other factors.
I borrowed from Kilo. .04 is set by OSHA, same as commercial drivers.
Posted on 2/2/16 at 9:34 am to rebeloke
So he blew over a .08 at the scene and was smoking marijuana and you think it is unreasonable to charge him with DUI?
Posted on 2/2/16 at 9:34 am to kook
quote:OSHA doesn't set DUI laws. In many jurisdictions you can blow .00 and get convicted of a DUI. Also, you claimed a certain limit equaled probable cause, but could not be proven. That too is not accurate.
I borrowed from Kilo. .04 is set by OSHA, same as commercial drivers.
Posted on 2/2/16 at 9:34 am to rebeloke
Yes. You can blow under .08 and still get convicted of DUI.
Posted on 2/2/16 at 9:38 am to rebeloke
You can have a 0.000 (they go to thousandths) and still get one. You think they register weed as alcohol?
Posted on 2/2/16 at 9:41 am to rebeloke
If they have him on tape and he is appearing impaired, they got him
Posted on 2/2/16 at 9:49 am to auzach91
quote:
In Georgia it is officers discretion. Anything over 0.00 and if they feel like it they can take you in.
Same in Louisiana
Posted on 2/2/16 at 9:56 am to rebeloke
you frickin suck
Posted on 2/2/16 at 10:01 am to rebeloke
quote:
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
You aren't arrested on whether you blow over .08 or not, you're arrested on your impairment level. Theres plenty of people that can't do field sobriety tests and are only at .05 and shouldn't be driving.
.08 only means that legally you are impaired and requires less from a law enforcement standpoint to prove you are drunk. If you blow under, its up to the officer to provide more evidence that you are/were intoxicated. Thats about the simplest way to put it.
ETA: Pretty much what PJ already said.
This post was edited on 2/2/16 at 10:03 am
Posted on 2/2/16 at 10:12 am to rebeloke
In Louisiana, having a BAC of .08 or above creates a legal presumption that you are impaired. You can still be charged and convicted with a lower BAC.
Posted on 2/2/16 at 1:10 pm to rebeloke
You can blow a 0.00 and have a blood test that shows NO drugs in your system and still be charged. Here are two such cases:
LINK
LINK
However, neither of the above linked cases has anything to do with your friend. 0.9 is legally above the limit and smoking a blunt does make someone under the influence.
Sorry for your buddy but sounds like he was rightfully charged. I am sure your support will mean a lot to him though.
LINK
LINK
However, neither of the above linked cases has anything to do with your friend. 0.9 is legally above the limit and smoking a blunt does make someone under the influence.
Sorry for your buddy but sounds like he was rightfully charged. I am sure your support will mean a lot to him though.
Posted on 2/2/16 at 1:14 pm to rebeloke
He's a POS so does it really matter?
He can't drive and he clearly can't hold his alcohol.
He can't drive and he clearly can't hold his alcohol.
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