I was arrested the other day for a DUI. Before I took the sobriety tests, the officer asked me to spit my gum out. Then right before I took the breathalizer the cop asked what kind of gum I was chewing. I told him Orbit. He didn't say anything and gave me the breathalizer. My BAC was .08. I heard orbit gum shows up a little bit on the breathalizer. Can I make a case in court saying the gum put me above the legal limit (.08), meaning I would've had about .07, had I not chewed the gum, so I shouldn't recieve a DUI?
2006-07-09 13:03:17 · 12 answers · asked by kknights81 1 in Politics & Government ➔ Law Enforcement & Police
I've had it happen to a few of my friends where they blew a .01 because they were chewing Orbit gum and had nothing to drink. The police officers know about this, that's obviously why they asked what kind of gum it was.
And I didn't ask for your opinion on if it was right or not to be drunk driving. I wasn't drunk, I passed the sobriety tests and my vision wasn't impaired at all. I was driving a friend home who was twice as drunk as me.
So get your facts straight before you make assumptions.
2006-07-09 13:50:07 · update #1
In most states the DWI law is a two part statue. Part one is for impairment - did you fail or pass the field sobriety tests? (Just for your information, most people think they did much better on those tests than they actually did - that is why the video camera is an officer's best friend). Two people drink the same amount of liquor - one is a practiced drinker and shows little effect, the other is a non-drinker and is effected much more severely by the same amount of alcohol.
The second part is the statutorily prohibited level of intoxication. In your state it is .08%. That means YOU are guilty of Driving Under the Influence.
Since you admit that the officer asked you to dispose of your gum before beginning the field sobriety tests, there is no way it could have skewed the BAC.
2006-07-09 17:26:12 · answer #1 · answered by Mustang Gal 4 · 1⤊ 0⤋
No. That's why he had you spit the gum out; so it wouldn't interfere. The gum itself doesn't add to your BAC, the alcohol that it traps is what can add to it. If you were chewing the gum while you were drinking, some of the alcohol can become trapped in the gum.
On top of all of that, you can be arrested for DUI under a .08%. If you are still impaired at .07 or lower, you can still receive a DUI. The punishment is usually a little less.
2006-07-09 13:33:56 · answer #2 · answered by gunsandammoatwork 6 · 0⤊ 0⤋
I have to agree with pretty much everyone else. First, kudos to you if you indeed, were not intoxicated and preventing yet another drunk person from getting behind the wheel. Second, your gum has no bearing on a Breathalyzer test. Contrary to what people believe, it takes a lot to f*** up results on one of those. I have heard people say that if you put a penny under your tongue when you give the test it will read that you are OK. Not true. Gross too. If you passed the test, that should be your exoneration in itself. That is if there were no other infractions...
2006-07-09 14:38:17 · answer #3 · answered by ashpea2002 3 · 0⤊ 0⤋
Yes, if you deserve it, because if you drink and drive, you should be held accountable for your actions. I have inadvertantly known [people} who have lost their license for ten years and riding bicycles and who have spent 2 and one half years in prison, but this kind of action is deserved who might kill someone while driving under the influence of anything. It is a small price you would pay before you kill innocent people. Go to AA. BEWARE!!! I mean if the punishment fits the crime, of which I think drinking alcohol irresponsible is, then you should do some time, and no I don't believe you have a case at all. Remember this, if you kill someone while under the influence then you could be held responsible for manslaughter. Then you would be sent to prison for a long long time, possible for the rest of your life. Think about it, prison is not a place where you want to be at all. EVER!!
2006-07-09 16:06:07 · answer #4 · answered by jj 2 · 0⤊ 0⤋
Since when is drinking and driving against the law?
The problem is the law is fu@$ed up, it's just a way for them to get money from people. Nobody has a breathalyzer in their pocket to test themselves before they drive.
A .08 is right on the legal limit isn't it. I thought you had to be over that.. If it's your 1st offense you could probably talk it down to a careless driving.
If you hire an attorney they could probably get you off, but is it worth the price? Something you have to decide for yourself...
2006-07-09 13:18:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First of all I dont think you have a case you were already caught drinking and driving. Also I have never heard of any gum having alcohol in it. The judge might laugh you right out of court and say nice try!
2006-07-09 13:09:15 · answer #6 · answered by herbie36f 4 · 0⤊ 0⤋
You already had alcohol in your system so the claim that the Orbit Gum threw you over the limit simply will not float.
2006-07-09 14:09:35 · answer #7 · answered by midnightdealer 5 · 0⤊ 0⤋
No; you don't have a case.
If gum raised BAC; it would be pulled off the market.
You got caught. Own up to your offense; pay the consequences like the man you are.
And change brands of gum.
2006-07-09 14:28:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
????You should get a year in jail. There is no way to justify driving after you have been drinking. NO way. Don't you have any friends, someone to drive when you want to drink, does your town have a taxi service, don't the bartenders where you live arrange rides for the drunks?
Just stop it. Pay your fine, count your blessings.
2006-07-09 13:09:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I see someone who doesn't want to take responsibility for their actions. Nice try Orbit breath.
2006-07-09 20:35:52 · answer #10 · answered by ? 6 · 0⤊ 0⤋