Bs Dui

[xylene]

Don't sweat it. I've been trying for years to get a drunk to actually use the "28th Amendment" defense at their trial, but so far, no takers

YAG, What does the amendment that contains the provisions for foreign born citizens to seek the presidency (Casually known as the Schwarzenegger Amendment) have to do with drunk driving?

 

[You Are Guilty]

YAG, What does the amendment that contains the provisions for foreign born citizens to seek the presidency (Casually known as the Schwarzenegger Amendment) have to do with drunk driving?

I'd suggest you review the definition of what constitutes/constituted a "constitutional amendment" if you really are confused.

 

[xylene]

I'd suggest you review the definition of what constitutes/constituted a "constitutional amendment" if you really are confused.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

This makes my apropo joke less funny how?

 

[You Are Guilty]

Because Arnie's amendment is merely one of dozens of proposed Amendments. You just can't claim his as the 28th to the exclusion of some of the exciting others (like my personal favorite, the Anti-Miscegenation Amendment).

Eet's not a tumah.

 

[xylene]

Because Arnie's amendment is merely one of dozens of proposed Amendments. You just can't claim his as the 28th to the exclusion of some of the exciting others (like my personal favorite, the Anti-Miscegenation Amendment).

Eet's not a tumah.

Mine is also an obscure reference to the movie "Demolition Man"

 

[tsifreak]

"but as long as alcohol remains a LEGAL BEVERAGE in the United States... then your plan "

I know what you mean, it seems like a double standard. But you can be successfully prosecuted even if you're BAC is below 0.08. I'm not saying drinking should be illegal. As it stands, it is perfectly legal to drink alcohol and drive. That's a problem because "impairment" is too vague. And when you drink, the first sense you lose is your sense of judgement. If driving after drinking were illegal, there would be no more confusion as to whether or not a grey line had been crossed.

Good post!! Yea the .08 is Fckn worthless if you ask me. The cop will make up something and arrest you anyway saying you didnt pass the FST. That .08 tells people hey I can drink a little and drive but problem is no one knows what there BAC level is and thats were you get in trouble. Like I said before and I stand buy this 90% of people leaving the bars are at .08 or higher already and dont know it.

 

[CdwJava]

At .08 a person is impaired as a matter of medical fact. The reason that most do not get stopped is a matter of good fortune for them and attests to the fact that DUI is a vastly under-reported crime (if it is true that most people who leave a bar driving are DUI).

A BAC of .08 is not reached by "drinking a little" ... it takes a good deal more than that - 5 beers in an hour (4 if you are smaller than average size) woill get you a .08, for example. Most people who drink don't tie one on like that.

- Carl

 

[Lisa101010]

I just wanted to let you know that I received a first-time DWI back in December (in Minnesota), under almost the same circumstances. I blew a .08 about a mile from home and I was pulled over because my license plate light doesn’t work. I wasn’t speeding or swerving or doing anything noticeably wrong. Like you, I thought I would pass the breath test. I was committing a crime and I didn’t know it!

I couldn’t afford a lawyer and thankfully I didn’t hire one! That would have been such a waste of money! I talked to the prosecutor myself at my first court appearance, and I got my charge reduced to careless driving.

However, I still had to take a chemical evaluation. The chemical evaluation wasn’t fair. All the evaluator did was ask me about 6-7 pages of questions, which I quickly skimmed through as I’m not a big drinker or drug user. During this time, the evaluator even took some personal phone calls! Then she insisted on talking to my mom, even though I’m an adult, and my mom told her I don’t normally ever drink and drive and I’m not a big drinker at all. The evaluator still made me take the DWI classes.

However, you could probably benefit from the DWI classes. When I took them, granted, my situation/crime was much less severe than many in the class. However, there were still several people in there with low BAC (someone was even a .07) and there were others who were pulled over due to a license plate light (which is a legal reason for pulling you over). So what happened to you is actually fairly common!!

You’re right--- 90% of people who leave bars are above the .08 legal limit and don’t know it. Something needs to be done about that, because I don’t think it is fair to tell people it is legal to drink and drive (which is what we’re saying with the .08 limit) and then have no way for them to determine their BAC before getting behind the wheel.

Unfortunately, this unfairness is a product of MADD, many of whom post on here (in case ya haven’t noticed!). If only MADD could be more sensible with their feelings, attitudes and beliefs, maybe we’d even have LESS drunk drivers. But, since they are so insistent in their harsh penalties, they loose credibility with many people.

Well, I guess now you DO know the legal limit and what a .08 really is, you just had to learn the hard way, like me and many others.

 

[Lisa101010]

This statement is misleading. A .08 can most certainly be reached by drinking a little. I drank three beers in two hours and I was a .08. I consider this only drinking "a little." Five beers in one hour would put me close to a .15 or higher! It depends on your weight, body fat (alcohol is stored in your body fat), how much you ate, how tired you are, etc. I think this is a major misconception by many people. You can get a DWI after only drinking what most people consider to be "a little."

 

[Lisa101010]

As a girl, a skinny (non muscular obviously) guy is just as big of a turn off than a fat guy.

You seriously need to get over yourself and get a life, AHA!! Who cares who is a turn off! This is the Internet and this is an advice board! Your comments are simply immature and laughable. Are you trying to meet men on this board? HAHAHA it almost seems that way, ironically!

 

[shell007]

You seriously need to get over yourself and get a life, AHA!! Who cares who is a turn off! This is the Internet and this is an advice board! Your comments are simply immature and laughable. Are you trying to meet men on this board? HAHAHA it almost seems that way, ironically!

AND WHO IN THE HECK ARE YOU???? (oh yeah..another drunk driver )

I received a first-time DWI back in December (in Minnesota)

Ahhh...the "BLIND LEADING THE BLIND"

Are you the new FA??? Keep your personal comments about members here to yourself.

 

[CdwJava]

This statement is misleading. A .08 can most certainly be reached by drinking a little. I drank three beers in two hours and I was a .08. I consider this only drinking "a little." Five beers in one hour would put me close to a .15 or higher! It depends on your weight, body fat (alcohol is stored in your body fat), how much you ate, how tired you are, etc. I think this is a major misconception by many people. You can get a DWI after only drinking what most people consider to be "a little."

There are circumstances that can accelerate the introduction of alcohol into the blood stream, but, in general, a 12 oz. beer is equal to about .02 BAC. The body burns off approximately .01 to .015 BAC per hour (again, varying on factors such as food consumption, weight, water content of body, etc.). So three 12 oz. beers in an hour are not likely to equal .08 under MOST circumstances.

It is far easier to simply NOT drink and drive than to try and guess. Why people feel the need to roll the dice is beyond me. ESPECIALLY when they have a prior DUI.

- Carl

 

[Lisa101010]

Keep your personal comments about members here to yourself.

Shell, then you and your friend AHA should do the same.

 

[CdwJava]

You’re right--- 90% of people who leave bars are above the .08 legal limit and don’t know it.

Maybe ... maybe not. In any event, they ALL made the conscious decision to drink and then get behind a wheel of a car.

Something needs to be done about that, because I don’t think it is fair to tell people it is legal to drink and drive (which is what we’re saying with the .08 limit) and then have no way for them to determine their BAC before getting behind the wheel.

Then don't try - just don't drink and drive.

And it is also not legal to drive impaired if below the presumptive limit of .08. The lowest BAC on a DUI arrest I have made was at about .04 ... he biffed the FSTs and amazingly enough did not have any drugs on board.

Unfortunately, this unfairness is a product of MADD, many of whom post on here (in case ya haven’t noticed!).

Who? Where?

As far as I recall, only ONE member of MADD has ever posted here. *I* am neither a member of MADD nor have I ever contributed to their programs (though I did receive a MADD DUI pin one year for having 12 DUI arrests in a 12 month period).

So precisely WHO are these "many" people you speak of?

One does not have to be a member or supporter of MADD to be in favor of laws prohibiting DUI.

If only MADD could be more sensible with their feelings, attitudes and beliefs, maybe we’d even have LESS drunk drivers. But, since they are so insistent in their harsh penalties, they loose credibility with many people.

WHO do they lose credibility with? MOST of us support laws against DUI. And the laws agaisnt DUI are not all that harsh - especially when compared to other nations ... a non sequitor, I know, but when you are saying they are "harsh" just WHAT are they harsh compared TO?

Well, I guess now you DO know the legal limit and what a .08 really is, you just had to learn the hard way, like me and many others.

And hopefully you won't be a repeat statistic like too many others. Unfortunately, many DUI drivers are repeat offenders and they do not learn aftre the first - or sometimes even the third - arrest.

- Carl

 

[Lisa101010]

*I* am neither a member of MADD nor have I ever contributed to their programs (though I did receive a MADD DUI pin one year for having 12 DUI arrests in a 12 month period).

Only 12 in 12 months? Wow, I'd think you could get WAY more than that!

So precisely WHO are these "many" people you speak of? One does not have to be a member or supporter of MADD to be in favor of laws prohibiting DUI.

That's true, sorry for assuming. I guess I just assumed by the number of fanatic people who post on here with insults (such as AHA). This is an advice board, afterall. This is America -- innocent until proven guilty.

WHO do they lose credibility with? MOST of us support laws against DUI. And the laws agaisnt DUI are not all that harsh - especially when compared to other nations ... a non sequitor, I know, but when you are saying they are "harsh" just WHAT are they harsh compared TO?

Well, one group you lose credibility with is the DWI offenders themselves. How can someone truly admit to being impaired after just 1 beer? Let's just get real here. Maybe you are, but you're not drunk. Many DWI offenders will never believe they were drunk at .08. So let's just stop calling it drunk. If they won't believe that, how can they believe anything else MADD tells us? All I'm asking for is a bit of sanity.

And hopefully you won't be a repeat statistic like too many others. Unfortunately, many DUI drivers are repeat offenders and they do not learn aftre the first - or sometimes even the third - arrest.

Some people after their fourth, fifth, sixth and on and on and on. That's why I think change is needed in the way we communicate with these people.