Carl, Nor Cal counties that drop below .08

[markanth]

What is the name of your state?CA A guy goes out for dinner and has two drinks only. He is there for an hour. He drives home and he is pulled over. The officer makes inquiries and peforms a portable non evidentiary BAC test. The BAC in the preliminary test by the officer is below .08. Do they arrest. At what number are they likely not to arrest. Does the officer take into consideration what the policy is in particular county-as in what bac level will the DA prosecute?

Also, you made mention on a post recently that some DA do not file charges against suspected duis if below .08. I was wondering with regard to which county's. ie Placer, Sacramento, El Dorado. Furthermore in the other counties where they do file a complaint below .08, is there a practical bac number that most counties just will not file.

Thanks,

California DUI Information
When someone is arrested for DUI, there are really two separate cases being prosecuted against the accused:

The criminal court case that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendant’s vehicle, or a combination of these things, depending upon the facts of the case; and
The DMV case, where the driver’s license can be taken away.

Criminal Court: Basic DUI Law-Misdemeanor and Felony DUI

In order to convict a person of DUI, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood. This gives the prosecutor two bites at the same apple; a conviction under either law counts as a DUI.

A DUI case may be charged as a felony (meaning the punishment can be a term in state prison for a minimum of 16 months) where someone is injured, or where the accused has three or more prior DUI convictions. (Note that certain related charges, such as “wet reckless” driving may count as a prior DUI conviction for this purpose. These prior violations must have happened within seven years of the new charge to count against the accused as a prior conviction.)

Remember, there are two ways to be convicted of DUI:

Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being an impaired driver as the result of drinking or taking drugs); or
Driving a vehicle while having .08 or more, by weight, of alcohol in the blood.
So, how do prosecutors convict people of driving while intoxicated? The evidence typically falls into one of three broad categories: Driving Pattern, Field Sobriety Tests, and Chemical Tests.

[CdwJava]

Originally Posted by markanth

A guy goes out for dinner and has two drinks only. He is there for an hour. He drives home and he is pulled over. The officer makes inquiries and peforms a portable non evidentiary BAC test. The BAC in the preliminary test by the officer is below .08. Do they arrest.

Hopefully the officer does more than the PAS device. If he arrests for under .08 he'd better be able to articulate something more than the simple presence of alcohol in the system ... impairment of some kind would be necessary to establish probable cause.

At what number are they likely not to arrest. Does the officer take into consideration what the policy is in particular county-as in what bac level will the DA prosecute?

Realistically? Yes, the officer WILL take in to account the DA's prosecution policy. That was a problem when I first came to my agency as they were letting people under .08 go. I put a kabosh to that. If they are impaired, we do what we have to do - to heck with the DA and his policy of prosecuting only at .08 or above. Since my family has to share the road with these impaired drivers, I certainly am not going to allow them to drive about while looped ... under .08 or not.

Also, you made mention on a post recently that some DA do not file charges against suspected duis if below .08. I was wondering with regard to which county's. ie Placer, Sacramento, El Dorado.

Well ... I'm not going to go posting these on the internet. And such would obviously not be the official policy of ANY county - though it is a common practice (but not necessarily in the ones you name ... all of which apparently DO prosecute for below .08, by the way).

Furthermore in the other counties where they do file a complaint below .08, is there a practical bac number that most counties just will not file.

A lot depends on the FSTs and the officer's articulation. But, you will almost never see a filing below .05 as they are harder to prosecute as all the presumptions under the law fall apart below .05.


- Carl

Carl likes croissants huh, I guess he prefers jack-in-the-box over the donut shop.

[CdwJava]

Originally Posted by absconder

Carl likes croissants huh, I guess he prefers jack-in-the-box over the donut shop.

No Jack-in-the-box here, so I have to settle for Starbucks and one of the local coffee joints for my croissant fix.


- Carl

Hey I do starbucks too, cool!**************.go broke if i go there everyday though.

[CdwJava]

Originally Posted by absconder

Hey I do starbucks too, cool!**************.go broke if i go there everyday though.

Well, since I don't drink or smoke, I have to be able to spend SOME money on my only great vice.

- Carl

[markanth]

what about the latest anti-depressants? wellbutrin? prozac?

thanks

[CdwJava]

Originally Posted by markanth

what about the latest anti-depressants? wellbutrin? prozac?

I don't use them ... but if you are asking if they can be detected by evaluation or testing? Yes. Wellbutrin tends to mimic many of the signs consistent with being under the influence of a CNS stimulant. Are they regularly tested for in a drug screen? Not out here.

- Carl

[fagettaboutit]

Originally Posted by CdwJava

IWellbutrin tends to mimic many of the signs consistent with being under the influence of a CNS stimulant. - Carl

That's something every person taking Wellbrutrin (and their prescribing doctor) needs to know. Why not educate these people (and their doctors that prescribe the drug) before they get behind the wheel? Do you realize people are taking antidepressant drugs?

There are medicines that people are taking and they have no idea that could get a DUI. As an Georgia officer stated, it's not about being a drunken driver. Its not about alcohol, its about anything that may impair a driver.

HEY now, who can say whether one is impaired with an OTC or not?

How about education on these drugs, Carl?

Let me answer the question for Carl...

"it's not my job to inform - I only follow orders"

[CdwJava]

Originally Posted by fagettaboutit

How about education on these drugs, Carl?

Let me answer the question for Carl...

"it's not my job to inform - I only follow orders"

Glad to! In fact, that's one of the things I do locally from time to time.

However, it is NOT something that I have the time to volunteer for, so until or unless you voters want to vote such education into the school system, it ain't gonna be there on a regular basis and it is NOT my job to teach it to everyone.

It is also NOT my job to teach people about the evils of alcohol ... or how to drive ... I am but one cog in the machine. If you want to add more cogs, start a petition.

- Carl