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Ending to my 0.07 DUI Story

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Ajosin

Member
Definitely. I'm planning on buying a 100 dollar unit to put into my glovebox. Not as a "Hey, I'm good to drive!", but as a reminder of "no, this is what your BAC actually is right now." kind of thing.
After taking a crash course on DUI, I choose to never drinking a drop if I am going to drive. I probably had a 0.06 BAC or less when I got in the car, but my life was nearly ruined by the charges.

If you don't drink you'll know what your BAC is... 0.00 :)
 


If you don't drink you'll know what your BAC is... 0.00 :)
I hate to be the bearer of bad news, but I think it's important that people are wise on DUI laws. You can LEGALLY be arrested for DUI with double zeros. The fact is you now have a 'DUI arrest' on your record. If you ever get pulled over again, regardless the reason, the cop will pull up your rap sheet and there is the DUI arrest. Yes, not drinking anything will make your BAC level .00, but the officer doesn't know this nor does that matter if he wants you to blow at the station which will require a second DUI arrest. Be smart and educate yourself how you'll handle another pull over (at anytime of the day) - regardless of not ever drinking again.

None drinkers are simply not immune to a DUI arrest. You get a cop who THINKS you've been drinking and you're going to be arrested for DUI and it's up to the machine, you and your lawyer to prove his/her hunch wrong - and the DUI laws allow for the hunch to arrest to be legal.
 

paguy88

Member
I hate to be the bearer of bad news, but I think it's important that people are wise on DUI laws. You can LEGALLY be arrested for DUI with double zeros. The fact is you now have a 'DUI arrest' on your record.
Humm.. asuming you did not have drugs in your sysemtm and the cop made a mistake..

you can get the arrest expunged... if the arrests was incorrect.
 

BigMistakeFl

Senior Member
0.00

If you don't drink anything before driving, you won't have to worry about a DUI process again. It's possible that you may get pulled for something and face that question, "have you had anything to drink?". But if you're stone cold sober, this time at bat will end differently. Don't be misled, if you never drink before driving, you'll be fine.
 
If You Never Go To The DUI Dance

You will never even get asked to dance with them!

They can never play the song, if you never go to the dance.
 

CdwJava

Senior Member
I agree. After having to deal with my own DUI case I would propose,

(1) A drinking-and-driving penalty moving scale;
Greater than 0.01 and less than 0.05 - $500 traffic fine.
Between 0.05 and 0.07 - $1000 traffic fine.
0.08 and above DUI.
A fine only?!?

That's ridiculous. DUI the equal of a traffic ticket .. .wonderful. :rolleyes:

(2) Do not reward police by number of convictions/arrests, to avoid the temptation of bringing up arrest numbers by targeting the social drinker population on the road
How are the police rewarded by DUI arrests? I have never received a bounty or even a toaster.

Instead, reward them for lowering the number of deaths/accidents on the road.
This is typically a byproduct of proactive DUI enforcement anyway. There IS a correlation.

I think that this way we can reduce the sad cases of people who think they are following the rules and end up with DUI charges after blowing below the legal limit (which in my opinion is great injustice that happens all too frequently).
One can be impiared and still below the "per se" limit (it is NOT the "legal" limit, by the way).

For instance, someone who is high on cocaine and completely ripped will blow .000 BAC ... should he be given a pass because he is not impaired on alcohol?

What about someone who is staggering and impaired at .05? A free pass, also?

But, you are free to advocate for a change in the law.

- Carl
 

CdwJava

Senior Member
If you ever get pulled over again, regardless the reason, the cop will pull up your rap sheet and there is the DUI arrest.
There are few if any states where your criminal history is going to be accessed on a traffic stop. In my state we categorically would not be able to obtain that information in the field - particularly on a "simple" traffic stop. After an arrest, perhaps - not while detained for a traffic violation.

And, yep, I have arrested a number of people with BAC of .000 or barely over ... unfortunately for them, they were impaired on drugs (some illegal, some prescription).

- Carl
 

Ajosin

Member
A fine only?!?
That's ridiculous. DUI the equal of a traffic ticket .. .wonderful. :rolleyes:
The point of the minimun fine at low BAC is not to eliminate the possibility of DUI (it may still be there under special circumstances), but so that people realize that drinking and driving are not acceptable at all. If a fine existed for low BAC levels people may realize that they are fooling themselves by saying "I'm following the law and being responsible by drinking one beer an hour". I fooled myself this way and it almost cost me my way of life. By instituting a small fine you are sending a strong message that obliterates all gray areas. I my particular case, it would have helped.

How are the police rewarded by DUI arrests? I have never received a bounty or even a toaster.
See examples of a typical reward here, http://jaablog.jaablaw.com/2007/07/18/100-dui-arrests.aspx. Your problem may be that you are being to honest and objective when if comes to DUI. You may need to embellish your police reports and be extra observant during the FST (say to yourself, "I must have missed something; no way he just nailed that sobriety test exercise, lets repeat it until I can see the mistake that must surely be there", or, "I'll just push the pen a little beyond 45 degrees since this DUI is good at hiding his nystagmus"). Of course you don't want to go overboard (http://www.dui.com/dui-library/oregon/news/oregon-police-officer-busted-for-arresting-sober-motorists-for-dui).


This is typically a byproduct of proactive DUI enforcement anyway. There IS a correlation.
Yes, there should be a correlation as you eventually find the high BAC drivers among the low BAC arrests, but could you lower the overall deaths by shifting some focus to other areas (say, aggressive drivers)? Are you sure that your resources are being distributed optimally after a victim's advocacy group helped define what an "alcohol related" accident is (any accident where any party has BAC > 0.01)? A definition that has little to do with impairment and has deep consequences for police resource analyses?
 
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If you don't drink anything before driving, you won't have to worry about a DUI process again. It's possible that you may get pulled for something and face that question, "have you had anything to drink?". But if you're stone cold sober, this time at bat will end differently. Don't be misled, if you never drink before driving, you'll be fine.
That's a lie. DUI laws allow for arrests that don't involve alcohol. You CAN be arrested for DUI while taking a perfectly legal, over the counter drug. And you can be charged if they find it in your system and THINK it was the cause of the accident. The level of the drug in your system and the timeframe in which you took the drug will be up to your lawyer to defend. It's not the cop or DA's job to help you.

Why people continue to deny this isn't written in law is beyond me.
 

paguy88

Member
There are few if any states where your criminal history is going to be accessed on a traffic stop. In my state we categorically would not be able to obtain that information in the field - particularly on a "simple" traffic stop. After an arrest, perhaps - not while detained for a traffic violation.
Carl,

let say you pull me over for speeding...

you take my DL, Registration and insurance.

what exactly are you doing with it? and what info are you pulling and see?
 

BigMistakeFl

Senior Member
C'mon

Ok, yes you can get arrested for DUI with drugs in your system, but calling a statement a lie is a little harsh. "Incorrect" would have been a little better. And my statement was used in the context of the discussion about DUI resulting from driving after drinking alcohol.
 

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