dui first offense refusal + court date changed

[BigMistakeFl]

Not my point

Nope drinkers are notoriously inadequate in determining level of impairment.
The determination is made by the court upon hearing the evidence and the expert testimony of the officer conducting the tests.

Totally agree that drinkers are notoriously inadequate in determining level of impairment. But I think I didn't make my point clearly enough.....

I'm talking about the point when a person is walking out of a restaurant, had any number of drinks, and is faced with determining at that crucial moment whether or not he is impaired. By the time the court decides, he has already been arrested and may have harmed innocent people. Best thing, safest thing is if one has consumed ANY alcohol, don't drive. Unfortunately, the law does not support that. It remains perfectly legal to drive after drinking.

 

[Zigner]

Totally agree that drinkers are notoriously inadequate in determining level of impairment. But I think I didn't make my point clearly enough.....

I'm talking about the point when a person is walking out of a restaurant, had any number of drinks, and is faced with determining at that crucial moment whether or not he is impaired. By the time the court decides, he has already been arrested and may have harmed innocent people. Best thing, safest thing is if one has consumed ANY alcohol, don't drive. Unfortunately, the law does not support that. It remains perfectly legal to drive after drinking.

Up to a certain point...after that, it becomes illegal...whether you show signs of impairment or not.

 

[ERAUPIKE]

Totally agree that drinkers are notoriously inadequate in determining level of impairment. But I think I didn't make my point clearly enough.....

I'm talking about the point when a person is walking out of a restaurant, had any number of drinks, and is faced with determining at that crucial moment whether or not he is impaired. By the time the court decides, he has already been arrested and may have harmed innocent people. Best thing, safest thing is if one has consumed ANY alcohol, don't drive. Unfortunately, the law does not support that. It remains perfectly legal to drive after drinking.

Responsible adults get designated drivers or don't consume alcohol when they are the operators of motor vehicles. The crucial moment that you are talking about is a simple gamble that many people make daily. The consequences do not seem so dire until these individuals are actually faced with the punitive actions against them. The monetary, punitive, and potentially catastrophic consequences that are associated with decided to drive after having too much to drink will not ever be justified by any reasonably intelligent individual. So having a glass of wine or a pint of beer with dinner will unarguably not leave a majority of individuals too intoxicated to operate a motor vehicle. It must be understood that the consumption of alcohol in any amount now makes them vulnerable for a prosecution for DUI and that even if they are under the per se limit they can still be found guilty of the charges. The officer simply needs to show that the individual was too intoxicated to safely operate the vehicle.

 

[BigMistakeFl]

Yup

Up to a certain point...after that, it becomes illegal...whether you show signs of impairment or not.

Totally agree. Who gets to decide if the person has had enough to be impaired or not impaired?

 

[BigMistakeFl]

Yup again

Responsible adults get designated drivers or don't consume alcohol when they are the operators of motor vehicles. The crucial moment that you are talking about is a simple gamble that many people make daily. The consequences do not seem so dire until these individuals are actually faced with the punitive actions against them. The monetary, punitive, and potentially catastrophic consequences that are associated with decided to drive after having too much to drink will not ever be justified by any reasonably intelligent individual. So having a glass of wine or a pint of beer with dinner will unarguably not leave a majority of individuals too intoxicated to operate a motor vehicle. It must be understood that the consumption of alcohol in any amount now makes them vulnerable for a prosecution for DUI and that even if they are under the per se limit they can still be found guilty of the charges. The officer simply needs to show that the individual was too intoxicated to safely operate the vehicle.

I wish all would make that imperative decision before they leave for the restaurant or pub. Unfortunately, most folks won't give that serious enough thought until they are arrested. Heck, unfortuately, there are plenty of people who have been arrested and get "DUI Amnesia", or just are so addicted that nothing will stop them from repeat performances. I'm not a betting man, but I'd gamble a dollar that if a person is stopped by a cop and admits to having consumed "two drinks" or "two beers", he will end up needing to hire an attorney.

I wouldn't drive if I had so much as a sip of alcohol now, but then again..... I'm on this side of the experience.

 

[paguy88]

Totally agree. Who gets to decide if the person has had enough to be impaired or not impaired?

the person who gets tro decide that is the person who drank.

this person may or may not be impaired who ismaking that call.

thus the issue

are you over .08 or not?

you decide now you may ormay not be drubk who knows