DUI - BAC level 0.07

[CdwJava]

Ohh i didn't know that 2 long islands = 8 shots ...... drink#1 at 11:00 and drink#2 at 11:30 .... and i blew 0.07 at 2:30-ish ...... so do you mean i was 0.04 - 0.05 when i was stopped and alcohol was still sinking into me .... ??? I am 5'10 and 165 LB ..... actually I waited for an hr before driving and in the mean time drank 2 bottles of water [500 ml each] to obb reduce the alcohol in me .....

If made true to form, it would be 5 shots each (5 different liquors), but a number of places go a little light on the booze so I usually assume at least 4 shots ...

1 part vodka
1 part tequila
1 part rum
1 part gin
1 part triple sec
1 1/2 parts sweet and sour mix
1 splash Coca-Cola

Each shot would represent about .02 BAC, and every hour would burn off between .01 and .0175 BAC ... so, if we do 10 shots at .02 we get a a BAC of .20 ... minus 3 hours at a relatively high burn-off of .015 for a total of .045 ... since that would leave you at .15 or higher, it is safe to assume that your second Long Island was still rising at the time of the stop. If they had waiting longer to blow, you likely would have topped .08.

You got lucky!

- Carl

 

[dui_dude]

If made true to form, it would be 5 shots each (5 different liquors), but a number of places go a little light on the booze so I usually assume at least 4 shots ...

1 part vodka
1 part tequila
1 part rum
1 part gin
1 part triple sec
1 1/2 parts sweet and sour mix
1 splash Coca-Cola

Each shot would represent about .02 BAC, and every hour would burn off between .01 and .0175 BAC ... so, if we do 10 shots at .02 we get a a BAC of .20 ... minus 3 hours at a relatively high burn-off of .015 for a total of .045 ... since that would leave you at .15 or higher, it is safe to assume that your second Long Island was still rising at the time of the stop. If they had waiting longer to blow, you likely would have topped .08.

You got lucky!

- Carl

hmmm ... thats interesting!!! I guess lucky in terms of the BAC level .... do you think that water would have played a role as well .....

 

[dui_dude]

hmmm ... thats interesting!!! I guess lucky in terms of the BAC level .... do you think that water would have played a role as well .....

seems like telling the cop i had 2 long islands was a bad idea, could have just said that i had 2 drinks ... does the type of alcohol matter for dui cases or just the bac level.

Like you said that i should have been absorbing alcohol into my body after the arrest, strangely I was feeling more and more sober as I was taken to the station for the BAC test and even more as I reached the county jail ..... OR maybe just realizing that I am in care of the COPS made my soberness come out even faster.

 

[BigMistakeFl]

BigMistakeFl

Thanks OP for the explanation about the "2 drinks". This is a common mistake, just counting the number of drinks consumed.

Being arrested does have a "sobering effect" on us.

 

[CdwJava]

seems like telling the cop i had 2 long islands was a bad idea, could have just said that i had 2 drinks ...

Then he would have suspected you of lying. Wanna guess what is the most common answer we receive to the question, "How much have you had to drink tonight?"

TWO!! About 95% of people will tell us "Two." Ask any cop or emergency medical personnel and they will tell you "two" is the most common answer nation wide.

does the type of alcohol matter for dui cases or just the bac level.

The BAC is all that matters.

Like you said that i should have been absorbing alcohol into my body after the arrest, strangely I was feeling more and more sober as I was taken to the station for the BAC test and even more as I reached the county jail ..... OR maybe just realizing that I am in care of the COPS made my soberness come out even faster.

The great "evil" of alcohol is that impairs common sense and rational thought. People may think they are fine, when they are - in fact - not. You were probably more keenly aware of the situation because of the arrest, but I suspect you were becoming more impaired as time wore on. However, if you had nothing to eat for hours, it IS possible that the alcohol absorbed quickly and you were on your way down (swiftly, I might add) when you were tested.

- Carl

 

[dui_dude]

Then he would have suspected you of lying. Wanna guess what is the most common answer we receive to the question, "How much have you had to drink tonight?"

TWO!! About 95% of people will tell us "Two." Ask any cop or emergency medical personnel and they will tell you "two" is the most common answer nation wide.

I even offered him my bill from my pocket, but apparently I did not have it as I have a habit of throwing away the bills. What would he have done with the bill ??

The great "evil" of alcohol is that impairs common sense and rational thought. People may think they are fine, when they are - in fact - not. You were probably more keenly aware of the situation because of the arrest, but I suspect you were becoming more impaired as time wore on. However, if you had nothing to eat for hours, it IS possible that the alcohol absorbed quickly and you were on your way down (swiftly, I might add) when you were tested.

- Carl

Actually now I recollect I had not eaten properly since the day before. I mean I did eat ... but not like a proper meal. I do remember feeling impaired after drinking at the club. Hence, decided not to drink anymore and kill as much time to get normal. So, basically from 12:30 - 2, I did not drink .... and then I went to the parking lot to get my car[I was feeling fine, a little buzzed]. I realized, its not a good idea and so I decided to walk around the area get some fresh air and drink those bottles of water for the next 45 minutes. .... rest is history!!!

Anyways .... is it good to hire an attorney who has previously been a DA ???

 

[BigMistakeFl]

BigMistakeFl

Almost every defense attorney I've met used to work for the other side. I think they cut their teeth prosecuting, then take their expertise into private practice and make some real money. <wink>

The great "evil" of alcohol is that impairs common sense and rational thought. People may think they are fine, when they are - in fact - not.

That's an example of why the "legal limit" is a farce. The law is careful not to make drinking and driving illegal. It makes driving imparied illegal, and anyone who has consumed alcohol is no longer capable of judging himself impaired or not. The first sense to go, after having a couple drinks, is the sense of judgment.

You learned a hard lesson OP, and jumped light-years ahead on the learning curve. Unfortunately, that's what it takes for the common person to understand the system. Now that you know..... spread the word.

 

[CdwJava]

That's an example of why the "legal limit" is a farce.

Not so. Because at .08 BAC the overwhelming medical evidence is that a person is significantly impaired, and unsafe to operate a motor vehicle.

It makes driving imparied illegal, and anyone who has consumed alcohol is no longer capable of judging himself impaired or not. The first sense to go, after having a couple drinks, is the sense of judgment.

Yep. hence prior planning is a good idea. It's why I am such a popular guy to go out with! I'm a tea totaller! I tend to get dinner and drinks (soda and coffee) for free!

And, I get to watch the drunks ... most entertaining.

- Carl

 

[dui_dude]

Not so. Because at .08 BAC the overwhelming medical evidence is that a person is significantly impaired, and unsafe to operate a motor vehicle.


Yep. hence prior planning is a good idea. It's why I am such a popular guy to go out with! I'm a tea totaller! I tend to get dinner and drinks (soda and coffee) for free!

And, I get to watch the drunks ... most entertaining.

Yes, true and being a tea totaler is definitely a nice thing.

I have never understood the concept of demarcating a number between two boundaries. A person with 0.04 BAC could be more impaired than a person with 0.09 BAC from the perspective of judgment. But, I guess the law needs some number to divide cause there's no scientific way to determine a constant value that will hold for all. It's like suddenly the night of your 18th Birthday you become legal to Vote in an election, but practically there are people 17 years old who can choose/analyze better than a 19 or even 21 year old.

I think the COPS do a nice job of making sure people don't end up driving drunk. But "maybe" when they are patrolling around the clubs/bars ..... they can have a friendly announcement/or have placards reminding people to NOT drive if they had drinks irrespective of their alcohol intake ..... so as to give people a chance instead of finding them on the road and having them learn the hard/painful way. Just my 2 cents ... ofcourse I am NOT aware about the logistics and other important things that they also need to cover in the dead of night.



So, would going with a former DA as a defense lawyer be better than going with a DUI lawyer that comes up on Google Searches ?? Any more thoughts on that ....

 

[CdwJava]

I have never understood the concept of demarcating a number between two boundaries. A person with 0.04 BAC could be more impaired than a person with 0.09 BAC from the perspective of judgment.

Possible, but doubtful.

At .08+ you ARE impaired. At .04 you MIGHT be impaired. While impairment CAN be visibly measured at as low as .02, .08 is the level by which medical and practical research agrees there is no doubt.

Personally, I'd lower the per se level to .02 ... good thing I'm not in charge.

But "maybe" when they are patrolling around the clubs/bars ..... they can have a friendly announcement/or have placards reminding people to NOT drive if they had drinks irrespective of their alcohol intake

Not necessary. Find me a person who does NOT know that consuming alcohol can cause impairment. I knew this at about 8 years old, and that was back when most states had a legal drinking age of 18.

Plus, it is not unlawful to drive after drinking, just not to drive while impaired. Yes, it can be a tough call, but with so many things, life is full of choices.

So, would going with a former DA as a defense lawyer be better than going with a DUI lawyer that comes up on Google Searches ?? Any more thoughts on that ....

Like any attorney, a former DA may be good, or he may be bad. He may well know the players, but he may not know DUI law. It's sort of like a doctor ... would you like the Harvard trained professor of podiatry doing your brain surgery? or would you rather go for the guy who went to UC Davis with a specialty in Neurology? The guy with the better credentials may not know as much about the topic.

- Carl

 

[dui_dude]

Personally, I'd lower the per se level to .02 ... good thing I'm not in charge.

I think that would be nice .... people will make sure they don't even touch the car at all after even having a glass of wine !!!

Plus, it is not unlawful to drive after drinking, just not to drive while impaired. Yes, it can be a tough call, but with so many things, life is full of choices.

Yes, true ... looking at the trouble and legal expense, i could have just booked a hotel for every drunkard that night or have them cab driven home.

Like any attorney, a former DA may be good, or he may be bad. He may well know the players, but he may not know DUI law. It's sort of like a doctor ... would you like the Harvard trained professor of podiatry doing your brain surgery? or would you rather go for the guy who went to UC Davis with a specialty in Neurology? The guy with the better credentials may not know as much about the topic.

- Carl

The former DA specializes only in DUI cases and while a prosecutor handled DUI cases. He also said that he ONLY takes people with a First Time Offence, cause he believes that sometimes nice people also end up making mistakes. His fees seemed very low, hence the doubt in my mind.


Is there a website I could verify the credentials of a Lawyer ? Is it OK if i send you a message and maybe help me verify credentials ?

 

[CdwJava]

If he is a former DA that did DUI as a DA and does DUI now, chances are he knwos his stuff and how the matters are prosecuted. I also like the fact that he culls his cases and limits himself to first offenders ... it probably helps him sleep at night. I once worked as an investigator for an attorney like that.

Yes, you can send me the info ... and remind me what county you are in - I might be able to find out something to verify his status.

- Carl

 

[dui_dude]

If he is a former DA that did DUI as a DA and does DUI now, chances are he knwos his stuff and how the matters are prosecuted. I also like the fact that he culls his cases and limits himself to first offenders ... it probably helps him sleep at night. I once worked as an investigator for an attorney like that.

Yes, you can send me the info ... and remind me what county you are in - I might be able to find out something to verify his status.

- Carl

Thanks. I sent you the info. I am in santaclara county, with case at palo alto

 

[Miamiscoop]

7.5k is way too much!!!! Oh my God! In wich county are you?

 

[BigMistakeFl]

BigMistakeFl

Oh; I'm not saying "legal limit 0.08 is a farce" because I don't think we're impaired at that point, I think we ARE impaired at that point. I'm saying that there should be no acceptable "legal limit" BAC because we as drinkers lose the ability to judge whether or not we're impaired once we start sipping. Yes, plan ahead. If you're going to party, line up transportation in advance. And as has been stated here, rarely is a cop going to release you after you are pulled over and tested, despite the BAC. (Even if it's under the "legal limit")