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Airline Pilot Central Forums (https://www.airlinepilotforums.com/)
-   Regional (https://www.airlinepilotforums.com/regional/)
-   -   Another drunk pilot (https://www.airlinepilotforums.com/regional/65458-another-drunk-pilot.html)

Hetman 02-21-2012 04:42 PM
Originally Posted by BelowMins (Post 1139108)
Isn't that why it's called legally drunk? I'm not calling you a liar but your friend may have lied to you. There has got to be more to that story than driving with .06 BAC and then spending 2 weeks in jail.
You don't need to blow .08 or over to be convicted of DUI. It only needs to be proven the driver was impaired. The law is not about the BAC; the law is "driving under the influence."

In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.

If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.

CrakPipeOvrheat 02-21-2012 04:48 PM
Originally Posted by BelowMins (Post 1139108)
Isn't that why it's called legally drunk? I'm not calling you a liar but your friend may have lied to you. There has got to be more to that story than driving with .06 BAC and then spending 2 weeks in jail.
The law is not about the BAC; the law is "driving under the influence." In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict.

BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
So, would you personally be impaired after one beer?

captain beefy 02-21-2012 04:52 PM
Originally Posted by CrakPipeOvrheat (Post 1139028)
Sounds like a bunch of prudes participating in this discussion. Learn the laws. .07 or less is not drunk driving. I can tell some of you are scared of alcohol.
Speaking of learning laws...It sure is drunk driving if you are under 21 and your state has a zero tolerance law. Also, .07 would be considered a DUI (Driving Under the influence) if you fail the/any field sobriety tests and have above a .02 in certain states. DWI is intoxicated(aka drunk driving) at .08 and above. Depending on the state, you can infact be locked up for DUI or DWAI.

http://www.dmv.ny.gov/broch/c-39DDL-web.pdf

Look they even go up to your .07 on page 3! I'll be sure to reference your legal expertise since you "learned the laws" if i ever blow a .07

Thanks for your ".02"(Ha..BAC pun)

CrakPipeOvrheat 02-21-2012 04:54 PM
Originally Posted by CrakPipeOvrheat (Post 1139028)
Sounds like a bunch of prudes participating in this discussion. Learn the laws. .07 or less is not drunk driving. I can tell some of you are scared of alcohol.
Speaking of learning laws...It sure is drunk driving if you are under 21 and your state has a zero tolerance law. Also, .07 would be considered a DUI (Driving Under the influence) if you fail the/any field sobriety tests and have above a .02 in certain states. DWI is intoxicated(aka drunk driving) at .08 and above. Depending on the state, you can infact be locked up for DUI or DWAI.

http://www.dmv.ny.gov/broch/c-39DDL-web.pdf

Look they even go up to your .07 on page 3! I'll be sure to reference your legal expertise since you "learned the laws" if i ever blow a .07

Thanks for your ".02"(Ha..BAC pun)
IF you fail the field sobriety test IN CERTAIN STATES. Thanks for making me right. IF I had a million dollars I'd be rich. Stop trying people, you know I'm right. If you think you are even close to a .07 you shouldn't be driving.

Hetman 02-21-2012 05:28 PM
Originally Posted by CrakPipeOvrheat (Post 1139128)
So, would you personally be impaired after one beer?
My personal state of impairment, or lack thereof, has nothing to do with the subject of my post. Your question is non sequitur, troll.

This little fishy is passing up any further bait.

CrakPipeOvrheat 02-21-2012 05:45 PM
Originally Posted by CrakPipeOvrheat (Post 1139128)
So, would you personally be impaired after one beer?
My personal state of impairment, or lack thereof, has nothing to do with the subject of my post. Your question is non sequitur, troll.

This little fishy is passing up any further bait.
I asked about you personally because I didn't want you to dodge the question. You did dodge the question though. Am I wrong if I say I can drink a beer and not be impaired? Assume I just passed a field sobriety test.

ThrustMonkey 02-21-2012 05:45 PM
Originally Posted by CrakPipeOvrheat (Post 1138948)
Haha. Learn the law buddy. You don't have a choice as long as that pilot has followed the rules with regards to how many hours before duty and is not over the limit.
Just because its legal, doesn't mean its safe. I'm sure you've heard that one before.

CrakPipeOvrheat 02-21-2012 05:48 PM
Originally Posted by CrakPipeOvrheat (Post 1138948)
Haha. Learn the law buddy. You don't have a choice as long as that pilot has followed the rules with regards to how many hours before duty and is not over the limit.
Just because its legal, doesn't mean its safe. I'm sure you've heard that one before.
Touché. I don't play with my future. I don't drive after more than two beers.

mooney 02-21-2012 05:48 PM
Originally Posted by Hetman (Post 1139126)
You don't need to blow .08 or over to be convicted of DUI. It only needs to be proven the driver was impaired. The law is not about the BAC; the law is "driving under the influence."

In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.

If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
Thank you. Someone who actually understands the law, not just the words on paper by a crew roomn know it all. DUI by definition is just under the influence, not necessarily blowing .08. You can be DUI by medication and get pulled over, you will blow a zero, but may still have legal action taken against you. my 100 lb neighbor might have 2 beers and only blow .6 but she is three sheets to the wind...

IBPilot 02-21-2012 05:54 PM
Originally Posted by CrakPipeOvrheat (Post 1139133)
If you think you are even close to a .07 you shouldn't be driving.
That's the only true, and wisest thing you have said so far....:rolleyes:


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