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re: Can you be convicted of a DUI and blow under the legal limit?
Posted on 2/2/16 at 1:15 pm to LSUGrad9295
Posted on 2/2/16 at 1:15 pm to LSUGrad9295
quote:
think Ben Wynne tried to set that record once in Louisiana.
Too soon
0
Posted on 2/2/16 at 1:17 pm to rebeloke
Picked up trash with a dude that blew a .05. State Trooper still charged him.
Posted on 2/2/16 at 1:18 pm to Anonymous95
quote:
Picked up trash with a dude that blew a .05. State Trooper still charged him.
Poor people cant afford lawyers, no surprise there.
Posted on 2/2/16 at 1:21 pm to N2cars
In MS (the law I know) there are two forms of DUI. Statutory, which is blowing above .08. There is also what's known as a common law DUI, which is when the officer simply testifies the reasons for believing you were drunk. This is typically used when someone chooses not to blow and is pretty successful, but can used anytime.
Furthermore, just as many have pointed out about people BAC lowering over time, research has been done and successfully used in court that there is a point in time that your BAC is actually rising. You don't take a shot and your BAC immediately start at point A and fall to 0.00. It goes up until it hits a peak and then will begin to fall. In one case, I forget the state, testimony showed that a person taking multiple shots a few minutes before he was pulled over and although he was under the legal limit, still was convicted under this theory.
Furthermore, just as many have pointed out about people BAC lowering over time, research has been done and successfully used in court that there is a point in time that your BAC is actually rising. You don't take a shot and your BAC immediately start at point A and fall to 0.00. It goes up until it hits a peak and then will begin to fall. In one case, I forget the state, testimony showed that a person taking multiple shots a few minutes before he was pulled over and although he was under the legal limit, still was convicted under this theory.
This post was edited on 2/2/16 at 1:22 pm
Posted on 2/2/16 at 1:22 pm to TigernMS12
quote:
testimony showed that a person taking multiple shots a few minutes before he was pulled over and although he was under the legal limit, still was convicted under this theory.
What kind of mongoloid decides to pound a few shots THEN hit the road?
Posted on 2/2/16 at 1:24 pm to rebeloke
quote:
How can they do that? I
quote:
field sobriety test. Which he failed
quote:
blew .094 on the scene
quote:
smoking a blunt
did you eat paint chips as a kid?
Posted on 2/2/16 at 1:25 pm to auzach91
quote:
Tell your friend he is also stupid for blowing.
What is the benefit of not blowing? Won't they just take blood? Honest question, I don't know much about DUI law.
Posted on 2/2/16 at 1:25 pm to ThatMakesSense
quote:
What kind of mongoloid decides to pound a few shots THEN hit the road?
It happened. If I recall correctly, it was a bar setting, he was leaving, and his buddies said one more round of shots before you go. They pulled the bar security cams showing him at the bar 5-10 minutes before he got pulled over taking shots. Prosecution argued that he was still drunk although his BAC reading didn't show it because the alcohol had not metabolized yet and it worked.
This post was edited on 2/2/16 at 1:28 pm
Posted on 2/2/16 at 1:27 pm to northshorebamaman
quote:
What is the benefit of not blowing? Won't they just take blood? Honest question, I don't know much about DUI law.
Typically need a warrant for blood because it's invasive. If your involved in an accident then there is an exception. In MS, if you blow you are able to have it non-adjudicated. If you don't then you can't.
Posted on 2/2/16 at 1:31 pm to TigernMS12
Thanks.
Posted on 2/2/16 at 1:33 pm to northshorebamaman
Less evidence against you
If your lawyer is good, you won't lose your license and will get off if you don't do the FST or blow
If your lawyer is good, you won't lose your license and will get off if you don't do the FST or blow
Posted on 2/2/16 at 1:33 pm to rebeloke
i was arrested for DUI and when i got to the station i blew a .0729 and was still charged. They said at the time of my arrest i was over .08. There wasnt a breathalyzer test at the scene but he performed a field sobriety test. The guy literally looked at my eyes for 2 minutes, which felt like 10, during the "follow my pen with your eyes" test. i stepped off the line twice when walking the 10 steps there and back. i have bad balance and would perform the same way right now. But the answer to your question is yes, if they believe you were under the influence they will charge you. Not only did you mention your buddy blew over the legal limit at the scene, but he was smoking a blunt when he was pulled over. So, his fate is sealed and if you dont think blowing over the legal limit and failing a field sobriety test is enough for a conviction you are probably soon to follow him.
Posted on 2/2/16 at 2:00 pm to N2cars
quote:
He can't drive and he clearly can't hold his alcohol.
Not many can at a .9
Posted on 2/2/16 at 2:20 pm to gingerkittie
The taking in of alcohol or any illegal drug into thine own temple is abhorrent and is a sin against God. Your friend should worry more about hell than jail.
Posted on 2/2/16 at 2:23 pm to Artie Rome
Yeah, I responded after he edited.
I'm pretty pissed at drunk drivers as I got hit by one 3 weeks ago.
I'm pretty pissed at drunk drivers as I got hit by one 3 weeks ago.
Posted on 2/2/16 at 2:25 pm to TigernMS12
quote:
Typically need a warrant for blood because it's invasive.
And they are very easy for law enforcement to get now.
Posted on 2/2/16 at 2:27 pm to Hammertime
quote:
If your lawyer is good, you won't lose your license and will get off if you don't do the FST or blow
False.
Posted on 2/2/16 at 2:27 pm to kilo1234
(no message)
This post was edited on 8/8/20 at 10:35 am
Posted on 2/2/16 at 2:41 pm to rebeloke
Hopefully he gets a stiff sentence for driving under the influence of marijuana
Posted on 2/2/16 at 2:43 pm to rebeloke
Probably has already been stated but in Georgia the officer has a lot of discretion on this. You can technically blow a .000 and be arrested for DUI. The "under the influence" is not necessarily restricted to alcohol. How do I know?
A jurist once encouraged me to attend some class in an effort to mitigate the risk that I would be involved risky behavior. Consequently I met 2 people there that were likewise taking the advice of a person of high legal esteem.
One of these folks had been arrested for DUI as the result of having been pulled over for erratic driving but was not under the influence of alcohol; rather she was having a reaction to her medicine for epilepsy.
The other fellow was a Cardio Vascular surgeon that decided that it was less risky to drive under the influence of laughing gas. He achieved three DUIs while in route to Georgia from Missouri...managed to have his license to practice medicine revoked along the way. According to his account, on his last arrest he was found asleep at a stop sign with a tank of laughing gas seat belted into the passenger seat.
A jurist once encouraged me to attend some class in an effort to mitigate the risk that I would be involved risky behavior. Consequently I met 2 people there that were likewise taking the advice of a person of high legal esteem.
One of these folks had been arrested for DUI as the result of having been pulled over for erratic driving but was not under the influence of alcohol; rather she was having a reaction to her medicine for epilepsy.
The other fellow was a Cardio Vascular surgeon that decided that it was less risky to drive under the influence of laughing gas. He achieved three DUIs while in route to Georgia from Missouri...managed to have his license to practice medicine revoked along the way. According to his account, on his last arrest he was found asleep at a stop sign with a tank of laughing gas seat belted into the passenger seat.
This post was edited on 2/2/16 at 2:45 pm
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