DUI

[mikep444 0]

Does anyone out there really believe this?

A 170-pound man can have four to five drinks in an hour on an empty stomach before reaching a 0.08 percent blood-alcohol level. A 137-pound woman would reach 0.08 after approximately three drinks in an hour on an empty stomach.

http://www.freep.com/money/autonews/gmadd24e_20050224.htm

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[Ravan 0]

nope..

Food, Fornication, Freefall

[masterrig 1]

No way!


Chuc

[TrophyHusband 0]

now way i weigh 200 and won't drive after 3 on a full stomach. then again, i've already had 1 dui and might be a little gun shy

"Your scrotum is quite nice" - Skymama
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[BillyVance 34]

Well, it appears they are going strictly by the blood alcohol level. Those with a very low tolerance is going to fail the classic walk-the-line field sobriety test after maybe 2 drinks, but a high tolerance drinker might go 4 or 5 drinks and pass. If a breathalyzer is used, you're going to get busted if it says .08 or more, regardless of how sober you feel. Just my opinion that's all.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[masterrig 1]

Ah! Good ol' 'bar-ditch aerobics.' I've seen video of cops, trying to show an obvious drunk how to walk the line, etc. and couldn't do it. I'm quite sure, the officer wasn't drunk! From sitting on juries (DWI cases), there are so many variables. You're right, though. Blow an 0.08 and it's kiss your license good-bye.


Chuck

[unformed 0]

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Well, it appears they are going strictly by the blood alcohol level. Those with a very low tolerance is going to fail the classic walk-the-line field sobriety test after maybe 2 drinks, but a high tolerance drinker might go 4 or 5 drinks and pass. If a breathalyzer is used, you're going to get busted if it says .08 or more, regardless of how sober you feel. Just my opinion that's all.

Yeah, no shit. A .08 doesn't even phase me anymore. A few weeks ago I was a .08 at noon (I bought a high-quality breathalyzer for this reason alone). I stopped drinking around 2am. At around 11 am I was still feeling very drunk, and was blowing a .10 or so. About two hours later, I felt fine, even though I would have been legally drunk.

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[Lindsey 0]

...must be talking about 3 drinks out of that glass....or three sips of your drink....then maybe you'll be under 0.08....

linz

--
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[wingnut 0]

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now way i weigh 200 and won't drive after 3 on a full stomach

my limit is two...... i'ma bad enough driver as it is, don't ned anything messing that up......

______________________________________
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[ACMESkydiver 0]

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now way i weigh 200 and won't drive after 3 on a full stomach

my limit is two...... i'ma bad enough driver as it is, don't ned anything messing that up......

Minw is one per hour, otherwise I'm done.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[RevJim 0]

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now way i weigh 200 and won't drive after 3 on a full stomach

my limit is two...... i'ma bad enough driver as it is, don't ned anything messing that up......

Minw is one per hour, otherwise I'm done.

Mine is one, period. (Unless it's from registration to grissom Hall at the WFFC. I don't remember much from that night, except well over a dozen Scotches at the Caddyshack...)

It's your life, live it!
Karma
RB#684 "Corcho", ASK#60, Muff#3520, NCB#398, NHDZ#4, C-33989, DG#1

[DrewEckhardt 0]

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Does anyone out there really believe this?

A 170-pound man can have four to five drinks in an hour on an empty stomach before reaching a 0.08 percent blood-alcohol level. A 137-pound woman would reach 0.08 after approximately three drinks in an hour on an empty stomach.

http://www.freep.com/money/autonews/gmadd24e_20050224.htm

And a 150 pound man can reach a BAC of .05 with two beers (not pints, not tasty beers like IPAs with more alchohol). That's sufficient for a DWAI "driving while ability imparied" in Colorado.

[lawrocket 3]

I'd like to see anyone go into court and say, "But I read I can have five drinks on an empty stomach in an hour."

Doesn't matter. Even if you are not at a .08, you can still be charged with DUI. The .08 is simply a strictly liable standard.

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[demoss99 0]

Where the police get you on the field sobriety test is the classic "follow the pen" or Horizontal Gaze Nystagmus Test.

Nystagmus is a well-known physiological phenomenon that has been defined by one medical dictionary as "an involuntary rapid movement of the eyeball, which may be horizontal, vertical, rotatory, or mixed, i.e., of two varieties. Stated otherwise, it is the inability of the eyes to maintain visual fixation as they are turned from side to side. Basically your eye shakes when it gets to the far end of your vision field where they hold that damn pen - you can't fake it - body does it and you can't control it.

I've defended OUI/DUI/OWI cases for years and this is always the thing they sting you with.

Remember that if you feel you are impaired and will not be able to pass the breath test etc... Its better to refuse all testing (including the field sobriety) An attorney can have a better chance of getting your off with no testing result evdience. Of course the best way to avoid DUI is not to drink and drive - but lets be real, most skydivers have more chance of dying from liver disease than impact with the earth. Haha

"I know you believe you understand what you think I said, but I am not sure you realize that what you heard is not what I meant."

[riggerrob 643]

If you chugged all that booze - on an empty stomach - brushed your teeth and immediately blew into the breathalizer, you would probably pass.
A half hour later you would definitely fail.

[RevJim 0]

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Remember that if you feel you are impaired and will not be able to pass the breath test etc... Its better to refuse all testing (including the field sobriety)

Bad idea, at least here in WI. Under many circumstances, a police officer here has the right to drive you straight to a hospital to have blood drawn, with or without consent and with or without a breath test.

Also:
http://www.criminal-law-lawyer-source.com/dui-penalties.html

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In most states there are also DUI penalties related to implied consent laws. Implied consent means that because you are a licensed driver you have implicitly consented to chemical testing for drugs or alcohol. If you refuse chemical testing of your breath, blood or urine at the time of the incident (or subsequently thereafter) , you may be subject to harsher DUI penalties. In most states if you refuse to take a chemical test, there are administrative license suspension DUI penalties. These laws allow for your license to be taken away immediately (before a conviction) and it may be suspended for a certain time thereafter, depending on the state where the incident occurred.

Solve the whole problem and get a designated driver.

It's your life, live it!
Karma
RB#684 "Corcho", ASK#60, Muff#3520, NCB#398, NHDZ#4, C-33989, DG#1

[demoss99 0]

I thought I had added the caveat that this applies to Louisiana only - but upon review I did not. There is no such mandatory testing procedure in use here in Louisiana. I fully meant to add that and simply forgot.

Posts to this forum should not be construed as legal advice and certainly not meant to pertain to any particular jurisdiction. The best way to avoid hashing this argument is to do as many here have suggested - get a driver (friend or taxi). Avoid drinking and driving at all costs.

"I know you believe you understand what you think I said, but I am not sure you realize that what you heard is not what I meant."