The defendant's bac was .07. The law in the defendant's state states "Must be .08 or above OR be noticeably and perceivably intoxicated." The defendant was pulled over for speeding, but was not driving eratically. A video shows the defendant speaking clearly and appearing sober. The video cuts out right before the field sobriety tests occur. The officer states that the defendant failed field sobriety tests, and that he had very bloodshot, watery eyes, slow slurred speech, and a strong odor of alcohol and that his blood alcohol percentage reading of .07 may have actually been higher when he was driving. The defendant states he has a documented history of hayfever and thus bloodshot, watery eyes and speaking with a lisp, much of the alcohol odor could have been from his passenger, and that he did not feel intoxicated. Thanks.
2006-06-30 19:19:43 · 9 answers · asked by thanks 2 in Cars & Transportation ➔ Commuting
who cares. no one should operate a vehicle after even one drink. period. and there should be much much stiffer penalties for dui.
2006-06-30 19:23:23 · answer #1 · answered by gumby 7 · 1⤊ 0⤋
It is possible to get a DUI with a BAC of .01.
I can honestly say that I don't know what the laws are in your state but i'm pretty sure they will not say that the person MUST be above a .08.
Also, nobody "fails" field sobriety tests. They are not pass/fail. They are merely indicators of a person's ability to multi task. FSTs are designed to divide a person's attention between physical and mental tasks. (With the exception of the Horizontal Gaze Nystagmus test). As a person becomes more and more intoxicated the effects show up in the HGN.
Depending on what this "person's" drinking habits were that night, they could be either on their way up or down as far as the BAC is concerned. This is the same effect as chugging a bunch of beers or slamming a bunch of shots and not feeling anything till later. It takes time for alcohol to get into your system. About 20-30% of the alcohol you drink will be absorbed through the stomach and about 60-70% will be absorbed through the intestines. Which is why if you eat something you think you don't get as drunk. Because your stomach shuts off the exit so that it can do it's thing... meanwhile the alcohol just sits there. But when the stomach is done and that valve opens... LOOK OUT! Bang, "It just hit me all at once." Sound familiar?
The bottom line is that if this person had a BAC of .07 when they were pulled over, chances are they were probably on their way up. The clues the officer got on the field sobriety tests as well as other factors that come into play during a DUI stop, caused the officer to believe that this guy was impaired.
In Ohio the law states: Sect 4511.19a It is unlawful for any person to ... operate or be in actual physical control of.. ..any vehicle... .. in this state.. ....while under the influence of alcohol.
Then it goes on to list the different levels for the different tests. Another thing to consider is the age of the driver. It was not listed in your documentation. Again, I can only speak for Ohio, but under the age of 21 the legal limit is .02.
The bottom line is that this person was impaired and should not have been operating a motor vehicle. My recommendation is to pay the fine, do the time, and learn the lesson.
2006-06-30 19:44:47 · answer #2 · answered by asterisk_dot_asterisk 3 · 0⤊ 0⤋
1
2016-06-10 16:08:29 · answer #3 · answered by Vonda 3 · 0⤊ 0⤋
In CA, anybody >.08 is a definite DUI. If you are between .04-.08, you MAY be charged w/ a DUI if the officer can show other indicators of the suspect's intoxication. Best thing to do in CA is to refuse a chemical test. You will lose your lic. for 1 year, but it will deny the officer evidence for a DUI, which carries much stiffer penalties and costs a lot more $$$>
2006-07-01 05:26:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If his BAC was .07 and to be legally drunk in the defendant's state is .08, this defendant is still guilty of driving while impaired, so he or she even if they can prove their BAC was .07 in court, would not get away scott clean. Thus, they are guilty of DUI....Driving while Impaired or driving while intoxicated, pick your poison on this one.
2006-06-30 19:27:49 · answer #5 · answered by krimsonhearthrob 1 · 0⤊ 0⤋
.07 is NOT over the limit...Not Guilty!
I think .08 is a ridiculously Low Limit for alcohol consumption...for most people that's only 2 Beers...
Personally, I don't feel "anything" until about the 4th or 5th beer...and, at that point, I'm functioning normally - No hint of slurred speech, etc., etc.
2006-06-30 19:24:32 · answer #6 · answered by AlbertaGuy 5 · 0⤊ 0⤋
I'd say, with only the information given, that the person cannot be proven, beyond a shadow of doubt, to have been guilty and thus they should be considered innocent of the charges.
Hope that this helps.
Buddhadan
2006-06-30 19:28:46 · answer #7 · answered by buddhadan 3 · 0⤊ 0⤋
My best friend was 11 when she was murdered and died in my arms when someone got behind the wheel when they were drunk.
The law should be MUCH stricter. You shouldn't be able to drive behind the wheel with even one alcoholic drink in your blood.
2006-06-30 19:29:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
go to jail go directly to jail do not pass go get the hint
2006-06-30 19:25:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋