How can a person still be charged with DUI after failing to blow the legal limit upon arriving at the police station? In our state ( Ohio ), the limit is .08. I blew .077, but was still charged. How can they do this?
2006-07-03 01:04:49 · 15 answers · asked by Anonymous in Cars & Transportation ➔ Safety
DUI's don't necessarily even need to involve alcohol, therefore police can arrest you based on a number of factors. If someone fails a sobriety test, this is grounds for DUI. Some drowsy drivers have failed sobriety tests and gotten DUI's based solely on this. Someone with drugs in their system may pass a breathalyzer but still be in no condition to drive and fail the test. If you blew above the legal limit at the scene, then it may not have mattered when you arrived at the station. The rules do vary state to state, and a good resource to find out your state's DUI laws is safemotorist.com, which has traffic information for all the states. I hope this helps and good luck.
2006-07-03 03:29:24 · answer #1 · answered by Anonymous · 3⤊ 2⤋
1
2016-06-04 00:42:45 · answer #2 · answered by Delmar 3 · 0⤊ 0⤋
there is a word for it I can't think of it. I always belived in the tolerance point of view. I asked a cop about the question was how come people don't get charged and their tolerance isn't built up to alcohol and they get drunk off of one beer what do you do then. He said you can still get them under a don't remember the name law.
But I would fight it.
And people up there answering you were still impared is stupid. It don't mean you were impaired. drinking is about tolerance.
I think there should be a 0 tolerence. So people want question.
A breathalyzer is ridiculous. If they are going to have any affective law about drinking and driving.
I would get a lawyer to see if the damn thing was calibrated. If nurses and doctors can't remember to get there hospital equipment calibrated then I am so sure that law enforcement don't.
You can drink one beer and blow that in some circumstances. In others you can drink 6.
As a test subject I drank 7 beers 3 hrs later I blew a .56 I weighed 117 pounds. 2yrs later as a test subject 125 pounds drank 4 beers blew a 1.76 3 hrs later. It is bull ****
Forgot to add i passed both field sobriety test.
good luck
2006-07-04 12:40:46 · answer #3 · answered by halfpint 4 · 0⤊ 0⤋
First of all, shame on you, you poopie head!! :P Second of all, you blew .003 below the limit. Since you blew the .077 at the station, you must've been higher than that when pulled over (their logic). Not fair seeing how when they pulled you over it may have only been .078 or .079. It's definitely something I would fight because they can't tell in any way how quickly your body lowers the blood alcohol level.
2006-07-06 15:04:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Fight it in court and you might win. But there is a formula as to how long it took you to get to the police station and how much your level would be when you were driving.
2006-07-03 01:06:58 · answer #5 · answered by bildymooner 6 · 0⤊ 0⤋
If you are underage there is a zero tolerance law. I'm not sure about the station tester....usually it's higher than the one they take on the road.
2006-07-03 01:07:02 · answer #6 · answered by all_my_armour_falling_down 4 · 0⤊ 0⤋
There may be some other factors that qualify you for a ticket, such as your eyes(how dialated your pupals are), your speech(whether you can hold a conversation), how you stand/your balance. First time offense? They may have decided that you were drunk.
2006-07-03 01:11:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You should be charged because you were drinking. You should know better than to drink and drive. You deserve what you got and more!
2006-07-03 01:08:41 · answer #8 · answered by jessigirl00781 5 · 0⤊ 0⤋
did u blow at the scene? was there a field sobriety test given?
2006-07-03 01:07:38 · answer #9 · answered by CC 2 · 0⤊ 0⤋
You can be charged with anything, request a jury trial.....guaranteed innocent!
2006-07-03 01:08:04 · answer #10 · answered by old dude 5 · 0⤊ 0⤋