Omvi

What is the name of your state? Ohio

My husband was stopped for no light on his license plate and the officer smelled alcohol on him. They did a field test and he passed then they took him for a breathalizer and he was under the legal limit but they still charged him with OMVI. Can they find him guilty even if he is under the legal limit?

Originally posted by laynealex
What is the name of your state? Ohio

My husband was stopped for no light on his license plate and the officer smelled alcohol on him. They did a field test and he passed then they took him for a breathalizer and he was under the legal limit but they still charged him with OMVI. Can they find him guilty even if he is under the legal limit?

It doesn't matter if he was under legal limit, he is still BUSTED for that. Remember, no drinking and driving. Let say, I drank a few drinks and was still under legal limit. I rammed in a passenger car and I can be BUSTED for being intoxicated.

The cops were doing a favor to prevent your husband from killing somebody.

So what's the point in having a legal limit in the first place if you can still get a DUI if you're under that said limit?

Just trying to make some sense out of it....

Originally posted by Ms. Jackson
So what's the point in having a legal limit in the first place if you can still get a DUI if you're under that said limit?

Just trying to make some sense out of it....

It doesn't matter if it was under legal limit. You have heard of stories of people getting busting up after drinking a single drink. The only way is that the court will have to rule on that.

No, I've never heard of anyone getting busted for having a single drink (if they were below the limit). It just seems to me that it would be an easy charge to beat if you were below the legal limit and were still charged with a DUI. Even easier than the traffic light scenario where you have a yellow light, which creates a bit of grey area. With a limit it is black and white, no grey.

I'm not on the up and up when it comes to DUI law by any means. Maybe there are varying degrees....

[TYRIS]

Originally posted by Ms. Jackson
So what's the point in having a legal limit in the first place if you can still get a DUI if you're under that said limit?

Just trying to make some sense out of it....

i'm in california and the laws are a little different, but let me try to clarify this for you.

the "legal limit" is a state standard for being too impaired to drive. being too impaired to drive a vehicle due to drinking alcohol has varying degrees that have to do with body weight, consuption and tolerance levels. a person that is not used to drinking alcohol and has a blood content of .06 can possibly be too impaired to drive even though he is under the "legal limit".

if a person fails the field sobriety test, but blows under the legal limit, they can still be arrested because they were too impaired to drive.

what usually happens in this case is the d.a. will either plead it down to what is called a "wet and reckless" or drop the charges entirely.

my advice is to contact an attorney who specializes in dui cases.

TYRIS