DUI/DWI Talk

[FrankZappa]

Since this thread has hints of a general discussion on the topic, I might as well ask.

Lets say it\'s late at night and I get pulled over for driving behaviours that appear to suggest I am under the influence.

If I was running a BAC of 0, you are saying that I could still be arrested for DUI/DWI?

While I\'m no expert I don\'t see how you could be charged for DWI or DUI in this situation because your BOC ws 0.0, you were sober. Now there are various other reasons you might have been driving poorly and depending on what they are you could be charged with any number of things including posession. That said, I\'m assuming you didn\'t do anything and are simply over tired from a long day and need sleep. In this case, I would think you could still be charged with something and if you hit someone, assault with a deadly weapon could easily be among the charges.

I\'ve never fallen asleep at the wheel, but I\'m sure it happens and that there is some sort of law/fine for it. It would probably be nothing compaired to the fines for a dwi or dui if you didn\'t hit anything, but there\'s got to be something.

[kindm's]

Since this thread has hints of a general discussion on the topic, I might as well ask.

Lets say it\'s late at night and I get pulled over for driving behaviours that appear to suggest I am under the influence.

If I was running a BAC of 0, you are saying that I could still be arrested for DUI/DWI?

While I\'m no expert I don\'t see how you could be charged for DWI or DUI in this situation because your BOC ws 0.0, you were sober. Now there are various other reasons you might have been driving poorly and depending on what they are you could be charged with any number of things including posession. That said, I\'m assuming you didn\'t do anything and are simply over tired from a long day and need sleep. In this case, I would think you could still be charged with something and if you hit someone, assault with a deadly weapon could easily be among the charges.

I\'ve never fallen asleep at the wheel, but I\'m sure it happens and that there is some sort of law/fine for it. It would probably be nothing compaired to the fines for a dwi or dui if you didn\'t hit anything, but there\'s got to be something.

You do not have to have a BAC (blood ALCOHOL Level) to be charged with DUI. If the officer believes you to be impaired your impaired. This is how they bust people who are high. If you weren\'t drinking but stoned you would not register a BAC. They will give you a field sobriety test. If you fail that or if they still feel that you are impaired they can arrest you. it is a judgment call by the police. Prescriptions, illegal substances etc are all on the table.

I know this because I was charged for DUI and I wasn\'t drinking alcohol. It was such a blast sitting a room of hard core drunks as they would go around the room and ask everyone what their BAC was at the time of arrest. I would always grin and say 0. The counselor hated me for it, I really thought she was going to recommend I repeat the classes.

[Dweasel Weasel]

Joc - I\'m an attorney.   I\'d be happy to give you some free advice, but you need someone licensed in NH to represent you.  CT\'s law is slightly more lenient and gives you the opportunity to get the charges dismissed upon completion of "alcohol education" classes.  There is also a work permit available for your first time that allows you to drive to and from work.  No such luck up north, unfortunately.  
If you need a referral to someone in NH, I can give you a few.

For anyone else interested in learning more about CT\'s DUI laws, check out the website run by my colleague, Jay Ruane, who is the premier DUI counsel in this state.   It is: http://www.ctdwi.com.  Tons of free information there.

Rock on.

[tyzack]

Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?

[ChrisF]

Is this true?

i would say yes. just like if you commited any other crime and got caught after. you cant rob a bank and then decide to give the money back after and not expect to get arrested.

[Dweasel Weasel]

Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?

In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous.  The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days.  Another example of politicians passing laws to get votes and not understanding how the rubber meets the road.  (Wait till you see what a mess the prisons are going to become as a result of the public\'s knee-jerk reaction to the Cheshire murders.  The laws being petitioned make great sound bites, but have ridiculous consequences.)

[skalnbyc]

While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous.  The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days

I agree:  .08 today.... .04 tomorrow....then...  the endgoal for MADD is probably 0.000 and nothing more.  Kind of like the gun control people, endgame is disarmament.  

Back in the day, cops would probably follow you home and call it a night after getting pulled over Booztravelin\'.  My dad told me he was driving and swerving drunk on the sidewalks in California in the early 1960s and told the cop he was "flying".  The guy laughed and sent him home.

[Todd]

Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?

In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

Sit in the passenger or rear seat with your keys on the floor and I believe you are fine. (Don\'t sue me if I\'m incorrect)

[Gordo]

Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?

In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

Sit in the passenger or rear seat with your keys on the floor and I believe you are fine. (Don\'t sue me if I\'m incorrect)

I always heard that if the keys are something like 15 ft. from the vehicle you\'re fine?

[solver]

While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous. The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days. Another example of politicians passing laws to get votes and not understanding how the rubber meets the road. (Wait till you see what a mess the prisons are going to become as a result of the public\'s knee-jerk reaction to the Cheshire murders. The laws being petitioned make great sound bites, but have ridiculous consequences.)

totally... got two buddies goin\' through the court system blowback of that tragedy right now. they know right from wrong and are not even close to jail material, but everyone is so shook from what happened, it\'s obvious that the court is [at least slightly] less objective.
 
i think you said it best, a lot of these laws, especially the dui laws, are draconian, but in the same light, they worked on me. i don\'t even drink anymore; best way to avoid punishment.

[tyzack]

I surprised that CT has mandatory minimums for DUIs - seems a bit darconian.

Also, on my previous question, I am curious as to how a cop would go about "arresting" you for sleeping in your car. Unless they go around knocking on the windows of every car in the rest area to check for drunk drivers. And I\'m not sure you would be "required" to roll down your window if they knock.

Another point:
People have mentioned making 0.0 the law, now that is something I am not nessarcily opposed to. If they were to equate the punishment based off how drunk you are, that would make sense. I don\'t think that a person driving with one beer (.02) is the same threat as a person driving with 5 (.1) [i don\'t care about the math, i\'m making a point] but that doesn\'t seem to be the case in CT, MA, or RI.

Though the more I think about it, it actually makes alot of sense. It gets the point accross that there is no acceptable amount (my personal view, though I don\'t always follow it. I have a "1 beer per set rule" which, if I remember my DARE correctly (body processes 1 beer an hour) would put me somewhere between 0.0 and 0.02), but if you have fines/suspensioned scaled progressively off your BAC (independant of the current scale of number of offenses) it would be a.) logical and b.) please most people.

[derickw]

if 0.00 were the limit no one would go out to bars anymore

[Yoda]

One 12 oz beer = 0.8 BOC (for the most part)  

Thinks that will help you bring that count down: time, drink lots of water and eat something.

I don\'t agree with making the limit 0.0; that would only work if no one had any self control.  If your of legal drinking age and have a car/license, it is your responsibility to control yourself.  It shouldn\'t be up to the government to completely control your consumption.  You have to be responsible enough to know when you\'ve had to too much to drive and make alternate plans if that\'s the case.  The reason that the BOC level is what it is, is because we all know cases where someone has lost control of their car after having a couple drinks.  It\'s all about self control and responsibility.

[Dweasel Weasel]

What\'s ironic about the "crime" of DUI is that it doesn\'t prohibit drinking and driving, it just prohibits the degree of drinking and driving.  Tyzack is absolutely right that alcohol affects different people differently.  That is why in CT the .08 limit is considered the "per se" limit:  it doesn\'t matter if your senses are actually at .08, you are deemed intoxicated at that level.  
There is some science that provides a rational basis for that level - on the bell curve most people feel some effects at .08.   But keep in mind that what pushed CT to change from .10 to .08 was that Congresstied federal highway money to states with .08 limits.  Even though lowering the limit meant busier cops, less space in prisons, and busier courts, CT had no choice.  Before the change it was still a crime to drive with a level between .06 - .10 (that was call Driving While Impaired).  Now that the DUI limit is .08, we no longer have an impaired statute and it is no longer a crime to drive at .07.  

If all of this makes sense to you, you should run for office.  it is a mess that keeps my profession in business.  (Although this sounds disturbingly like the Dark Lord, Dick Cheney...) Sometimes when politicians pander to the public\'s emotions (e.g. Cheshire), the public loses in the long run.

[booztravlr]

One 12 oz beer = 0.8 BOC (for the most part)

I\'m not sure what a \'BOC\' is but if you\'re referring to BAC (Blood Alcohol Content) 0.8 is twice the lethal dose limit in 50% of adults.

If you meant to say 0.08, you\'re still wrong. It would take 4 beers for a male between the 160-180lbs to reach 0.08/0.09 BAC.

http://en.wikipedia.org/wiki/Blood_alcohol_content