Under The Limit!?

[Charles Bronsen]

Hi, Im in NY.. For a first offense, whats the difference between having being over or under the limit. It doesn't seem to make a difference. I posted a .74 BAC on the precinct machine and still I was arrested. What gives? And they are suspending my lisence(!?) and making me go for a screening. Lawyer says its cause I had alchohol in the system. What happened? Any responses will be greatly appreciated, thanks!

CB

[CavemanLawyer]

Being under the limit is just one way to prove intoxicated. You can also be intoxicated because you lost your mental or physical faculties as a result of the introduction of alcohol into your body. Some people can reach this point of impairment even well below the per se limit of .08. But even more apparant is the fact that alcohol is just way to intoxicate yourself. You can smoke crack all day long and you'll still blow a 0.00, or you could ingest some prescription drug and just drink a few beers and reach .74 and even though that alcohol alone isn't enough for you to be intoxicated, the combination is.

People always complain that they are damned if they do and damned if they don't when it comes to the breath test. Even if they blow a 0.00 they are still going to be arrested, and if they blow over the limit it will just be used against them, and its true. But the reason is because the officer really can't just ask you to go take a breath test (actual intoxilyer, not the PBT). They must determine that there is probable cause based on perceived impairment, or do some sort of other preliminary test like the PBT. So even if you later blow under the limit, it doesn't change the fact that the officer already had probable cause for arrest.

In terms of license suspension, you are alright...for now. If you refuse the test you are suspended, but if you submit and blow over the limit you are suspended as well. Since you did take the test and came under the per se limit, than you will not receive any license suspension as a result of the breath test administration. If you are ultimately convicted of DWI however, than your license can be suspended for that conviction.

[Charles Bronsen]

Cool, thanks for the response. Well it seems they are suspending my lisence no matter what. Thats what the lawyer is saying. Because I had alchohol in my system basically they can do all this. Doesn't matter how much. Would it be wise to hire a private lawyer when it comes to the court date itself in March? Im sure they will suspend it then.

One more thing I don't get is why the judge didn't say anything about my lisence being suspended yet the lawyer said not to drive anyway. I thought judges are suppose to mention these things. Either way, the officer took the lisence so Im guessing once the DMV gets it, thats it.

Originally Posted by CavemanLawyer

In terms of license suspension, you are alright...for now. If you refuse the test you are suspended, but if you submit and blow over the limit you are suspended as well. Since you did take the test and came under the per se limit, than you will not receive any license suspension as a result of the breath test administration. If you are ultimately convicted of DWI however, than your license can be suspended for that conviction.

Sorry if Im a bit slow.. Why would there be a chance I would be convicted of DWI if I blew under?

[>Charlotte<]

In New York, "Driving While Intoxicated" requires a BAC of .08 or higher.

"Driving While Ability Impaired" requires a BAC of .05 to .07. A first offense is a $300 to $500.00 fine, up to 15 days in jail, and a 90 day suspension.

Other degrees of impairment and punishments apply if you're under 21, but it doesn't sound like you are.

ETA: When I say the fine "is", and specify the jail time and suspension, I don't mean to imply that it's mandatory, just that those are the parameters as outlined. I don't know that they are mandatory (nor do I know that they're not). Just that they're possible.

[CdwJava]

Are you under 21 years of age? If so, that might explain the automatic suspension of your license.

As for the under the limit DUI, it is entirely possible to be impaired UNDER the legal limit. Think of them as two separate crimes: One is for driving while impaired, and the other is for driving while at or above the legal limit. It is possible to be impaired at a very low level - the lowest I have made an arrest for was slightly under .04 ... the guy was an admitted "lightweight" and was quite wobbly. I suspected there were also drugs on board but the test came back negative. However, if I knew then what I know now, I would have suspected some kind of inhalant as they purge from the system quickly.

- Carl

[Charles Bronsen]

I see.. So you can pretty much be arrested for having any alchohol in the system. That sucks, but fair I guess with all the crazy drunks driving around.

Im 22 btw.. I actually have a drug screening coming up in a few days, and I do smoke marijuana occasionally. I really hope it won't mess up my whole case and get me thrown back in that digusting place. Im getting nervous now.

[FlyingRon]

.74 is 9 times the legal limit. Perhaps you mean .074?

[CdwJava]

Originally Posted by Charles Bronsen

I see.. So you can pretty much be arrested for having any alchohol in the system.

Well, you can be arrested for being IMPAIRED even below the per se limit.

Im 22 btw.. I actually have a drug screening coming up in a few days, and I do smoke marijuana occasionally. I really hope it won't mess up my whole case and get me thrown back in that digusting place. Im getting nervous now.

Marijuana can stay in your system for up to 45 days. A sensitive drug screen can detect it.

- Carl

[Charles Bronsen]

Well thanks alot guys. I hope I will pass the drug screening coming up in a few days, and hope the court day in march will be the same. I'll have to speak to the lawyer again to see what I'll do.

Last thing, Im guessing private lawyers are worth the price?

[>Charlotte<]

If you can afford a lawyer, you should get one.

[Pete Moss]

Originally Posted by Charles Bronsen

Hi, Im in NY.. For a first offense, whats the difference between having being over or under the limit. <?>
CB

President Bill Clinton signed into law a Nat'l [BAC] for DUI of .08, for which most states comply with by enacting into their statutes, in order to be eligible for Federal Highway Safety Dollar$.

The DUI [BAC] is much lower if:

• There's a minor [under 15] onboard during episode,

• were driving a schoolbus

• There are controlled substances in the chemical test results for which there are no valid prescriptions

.

Oh boy (Same Beckett).

-Pete Moss

[Charles Bronsen]

You mean the BAC goes up in those cases you listed?

Originally Posted by Pete Moss

President Bill Clinton signed into law a Nat'l [BAC] for DUI of .08, for which most states comply with by enacting into their statutes, in order to be eligible for Federal Highway Safety Dollar$.

The DUI [BAC] is much lower if:

• There's a minor [under 15] onboard during episode,

• were driving a schoolbus

• There are controlled substances in the chemical test results for which there are no valid prescriptions

.

Oh boy (Same Beckett).

-Pete Moss

[Charles Bronsen]

Im actually still lost on why some of you are saying my lisence should be suspended being under the limit and others are saying it shouldn't be.. Im lost. Im 22, first offense, .074.. Clear answer please

[CdwJava]

Unless you refused a test, your license will not likely be suspended unless the court orders it if you are convicted.

- Carl

[Charles Bronsen]

Originally Posted by CdwJava

Unless you refused a test, your license will not likely be suspended unless the court orders it if you are convicted.

- Carl

Sounds simple enough. So what would cause me to be 'convicted' in that case?

CB