.079 and .081 Help

What is the name of your state? Arizona

I got pulled over on the way home from a resturant. The DPS officer told me I weaved into the emergeny lane twice. He asked me if I had anything to drink And I told him I had 3 beers. I did a field test. When I had started I put my foot down once and contunied. I told him I was just cold after getting out of the warm truck. I blew a .099 on the PBT and he placed me under arrest. He took me back to to a command post and I took the breath test there. I blew a .079 and had to wait 15 minutes before I blew again. I blew a .081 the second time. He wrote me a citiation for DUI and a citation for DUI .081 or above. He then drove me back to the resturant so I could catch my ride. It was only about a mile away and it was already closed.

On my ticket he stated I had poor balance and coordnation and blood shot and watery eyes. From what I can read it also says I got 6 cues hgn. I cant really make that out because of his writing. What does 6 cues mean?

I told him I was tired thats why my eyes were blood shot. I felt I did the all the test fine and I wasn`t intoxicated at all. I wasn`t falling over or acting intoxicated nor did my speech slur at all.

My question: Why such a big diffrence between .079 an .081.

Should I get an attorney and is there a chance my charges will be dropped because of this?


This is my first run in with the police ever and what kind of advice can you give me?


Thank to all who apply!!

[CdwJava]

Originally Posted by jldots

On my ticket he stated I had poor balance and coordnation and blood shot and watery eyes. From what I can read it also says I got 6 cues hgn. I cant really make that out because of his writing. What does 6 cues mean?

It's probably his version of notation, but I suspect "6 cues" means that he observed 6 "clues" in your FSTs that indicated impaiment. And "hgn" stands for "Horizontal Gaze Nystagmus" - I doubt he saw 6 indicators there, so I suspect that the 6 "cues" were his notes for the FST.

I told him I was tired thats why my eyes were blood shot. I felt I did the all the test fine and I wasn`t intoxicated at all. I wasn`t falling over or acting intoxicated nor did my speech slur at all.

If I had a nickel for every person that said they were NOT showing signs of intoxication and were ...

My question: Why such a big diffrence between .079 an .081.

Well, it's not a big difference. But legally, .08 is the level at which you are automatically assumed to be driving under the influence and impairment does not have to be demonstrated.

Should I get an attorney and is there a chance my charges will be dropped because of this?

Yes, you should get an attorney. And ... dropped because of what? Because of a difference of .002?? Heck, the tolerance is generally +/- .02 - so your differnce of .002 just indicates that your BAC was quite steady!

And three beers does not equate to .08 ... unless they are BIG beers, or you are a small person and they were consumed pretty much within the same hour on an empty stomach.

- Carl

My eyes are blood shot right now and I had a beer about an hour ago and I bet my breath smells like it. That doesnt mean I am intoxicated so keep your smart comments to yourself and you won`t be getting my nickel!

Oh and thanks again for you advise! Every little bit helps.

[CdwJava]

Originally Posted by jldots

My eyes are blood shot right now and I had a beer about an hour ago and I bet my breath smells like it. That doesnt mean I am intoxicated so keep your smart comments to yourself and you won`t be getting my nickel!

That's fine. then you likely wouldn't perform poorly on the FSTs either.

But, understand that since alcohol is a central nervous system depressant, it not only effects reaction times, but perception and judgment as well. Its why people who are drunk sometimes think they are the life of the party when they are really acting the fool, and why they sometimes think they are witty and charming when they are not.

And at or near .08 you definitely WERE impaired ... whether you felt it or not. It's medical fact.

The point is (or was) that all because you felt you performed them fine does NOT mean that you did.

Oh, and if your going to jump on people that answer your questions all because you don't like the answer ... well, don't expect much help.

- Carl