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Consitutionality of DUI Laws

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strohs said:
I did not mean to imply I thought the limit number should be done away with,
what I meant was it should be more flexible.
Meaning, if you blow .08 but pass the field test with flying colors, you should be let go.
If you blow a .06 but cant stand up, you should be arrested. Thats what I meant.
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im with ya now, sorry for the misunderstanding. all that argueing and we more or less agree. well that sucks! :p

im with craigblitz on the likely hood of being let go if you blow over the limit but pass the sobriety test. just like anything subjective, you may get let go and you may not. it used to be a lot more common for a cop to tell you to get your drunk ass home. anymore... with people law suite happy and the like... cops really can't afford to let you off the hook anymore.
 
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craigblitz said:
and I can personally tell you that if you blow a .12 but pass the sobriety test... and you're close to home... they will let you go.


That is not always the case, but I think you are right there are some officers who user discerment, but that is far from the normal anymore.
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I meant to sya "Sometimes"... oh... and "Personally" means I was in the car, but not driving... btw...
 
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I calmly explained to both lawyer and client that this last claim about mouthwash amounted to hogwash. Plus, in view of the former declaration of his intake I declined to act on the lawyer's behalf in his client's defence.
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au contraire, mon ami... i recently watched the DUI episode of Mythbusters on Discovery... after swishing mouthwash, Jamie's BAC level according to the Breathelyzer jumped from a .12 to a .4... at .4 most people are in an alcohol induced coma, if not dead.... so, IF the lady in question had truely swished mouthwash, she most certainly had a valid argument...
 
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lvbuckeye said:
au contraire, mon ami... i recently watched the DUI episode of Mythbusters on Discovery... after swishing mouthwash, Jamie's BAC level according to the Breathelyzer jumped from a .12 to a .4... at .4 most people are in an alcohol induced coma, if not dead.... so, IF the lady in question had truely swished mouthwash, she most certainly had a valid argument...
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New business for me - selling little bottles of mouthwash in bars.
 
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lvbuckeye said:
au contraire, mon ami... i recently watched the DUI episode of Mythbusters on Discovery... after swishing mouthwash, Jamie's BAC level according to the Breathelyzer jumped from a .12 to a .4... at .4 most people are in an alcohol induced coma, if not dead.... so, IF the lady in question had truely swished mouthwash, she most certainly had a valid argument...
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There's actually another tactic...

Keep a pint of liquor in your car... take the keys out of the ignition when the cop comes to the window... chug it... so he sees you... chug it... and take your open container citation like a man.... supposedly this works to some degree... if the law is based on straight breathalyser readings... and hell teh DUI penalties are so tough... I guess its worth a shot if you are busted for sure.
 
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Here's an interesting (proposed) DUI law being considered in Tennessee:



Tennessee Senate Passes Bill Requiring Drunk Drivers Pay Child Support If They Cause Death of a Parent



WGCL reports a bill in Tennessee unanimously passed in the Senate Wednesday that would require someone convicted of vehicular homicide due to intoxication to pay child support if that person kills a parent.

House Bill 1834 was introduced one month prior to the sentencing of Janet Hinds, who was driving while intoxicated when she struck and killed Chattanooga police officer Nicholas Galinger on Feb. 23, 2019. Galinger, 38, was one month removed from his police academy graduation when he went to inspect a manhole cover overflowing water that fateful night.

Entire article: https://www.complex.com/life/tennes...xmag&tum_source=twitter.com&utm_medium=social
 
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MADD has long stopped being about drunk driving and, today, is essentially a religious neo-prohibitionist organization seeking to criminalize any social drinking. The day the limit was lowered to .08, their website was changed to start demanding a .05 limit. That's absurd. A small woman could literally be considered drunk after a single drink. For an average sized man, that's two.

And keep in mind that well over 90% of all drunk driving accidents and fatalities are caused by a repeat offender with a BAC well over a .1 limit.
 
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