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.

So, would you personally be impaired after one beer?

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.

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.

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.

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...

That's the only true, and wisest thing you have said so far....:rolleyes:

Nobody is arguing the fact that you can still get a DUI below the legal limit. People are criticizing me for driving after I have had a drink or two. They think I can have a beer, get pulled over for no turn signal and go to jail.

1 page ago you called a guy a liar for saying the exact same thing. You can't dig your way out of this one. Glad you spent that 100k on a fast trak zero to hero program and not Law U....

Listen its just chest thumping by someone thats obviously not mature enough to realize that in no way, shape or form does it make you cool to be able to have A beer or 10 beers and drive. It just makes you look like a fool and the more one tries to justify it by citing the law, the one more looks immature and naive.

I took my kid down to the open house this summer at the firehouse down the street from our house. Chicago FD. I got to talking with one of the guys who's been there for 20 years. We got on the topic of beers and he related a story that the firehouse a few years ago set up a test on a Friday night for any off duty fireman that was willing to participate in a police department study of perceived impairment vs. BAC. It was BYOB, held at the firehouse, all participants signed a waiver that included them spending the night at the firehouse and a relinquishment of their car keys. Each participant was weighed and BMI was calculated before commencing the experiment. Now this guy I spoke to was about 6'4" and approx 230 lbs. Big dude. After each drink they were given a breathalizer. He stated beforehand that he felt he could hang with the best drinking beers. He brought a 12 pack of a 5% alcohol beer. He said he felt drunk at .06 and at .08 was shocked at how drunk he felt, yet was right at the legal limit.

Nice comeback. I'm guessing you got an A in debate class :rolleyes:

says someone with the name crakpipe and brags about his drinking abilities..... IN BEFORE THE LOCK!:D

Go back and read it again. It was in reference to his friend lying to him dumb A. Now how are YOU going to dig YOURSELF out of that one.

hey genious....i loaned him money for a lawyer, sat in court with him, and picked him up from jail. Nice try tho. Who's the DA? I shouldnt have to tell you the whole timeline. Oh and neither Santa nor the Easter Bunny were there if you want to use them to twist facts somehow....

It's been fun gentleman. Agree to disagree. I'm not responding anymore.

NOW his smartest response in this trainwreck of a thread

Zing! And the Pipe sinks again

I wouldn't either if I were in your shoes.....then again your shoes are halfway to China from that hole....

Flew in ever tightening circles until he finally flew up his own butt and disappeared.

Declared victory, then ran away.

A good tail-tucked scurry beats a bad stand any day

So now you're saying .07 is drunk driving? Did you just "learn the laws"? Because I'm pretty sure you said in a previous post that .07 is not drunk driving....or did you black out and forget you posted that?

Thank you for the clarification. The scope of my post was limited to alcohol impairment as that was the primary topic of discussion.

The law does not limit or specify any drug, legal or illegal, the influence of which the driver may be under. So if someone is pulled over with a car full of pot smoke and a roach in the ashtray, they will get a DUI charge on top of the possession charge.

Thanks I didn't mean to sound like I was correcting you, you knew the law. It was directed at Crak and BelowMins who have no idea of the difference between under the influence and a hard number for being legally intoxicated. I'm done now somehow my posts were offensive and I got too many infractions....I'm betting Crak didn't get any.

You mean "Sir Robin?"

I soiled my armor!!! I did it again!


As for this thread:

http://static.ddmcdn.com/gif/ejectio...-af-acesii.jpg

That is a great post to end this on!

USMCFLYR