i was over the legal limit but did not know i was drunk ? will i get a driving ban
2006-08-31 09:44:05 · 24 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If you can establish that someone spiked your drinks and that you did not knowingly consume alcohol, the courts MIGHT take that into account.
2006-09-03 18:30:32 · answer #1 · answered by JAMES11A 4 · 0⤊ 0⤋
In Texas you would still be held accountable. You may not know that you are drunk but you would know if you were impaired. If you are impaired then why are you driving?
A DWI (driving while intoxicated) can also be ANY substance that enters your body by ANY method that impairs your driving ability.
You need 2 things to be convicted. Guilty mind and Guity act. The act is the fact that you were over the legal limit, now they have to prove guilty mind which is.
Was this act performed:
Intentionally
Knowingly
Recklessly
Or with criminal neglience
I think this would fall under reckless or criminal neglience.
2006-09-01 03:43:50 · answer #2 · answered by FL_FunGuy 2 · 0⤊ 0⤋
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2016-12-06 01:33:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you were caught at the time yes because ignorance doesn't stop you feeling drunk only knowing what you have drunk. Therefore when you were feeling woozy you shouldn't have driven.
You may get away with a caution or fine it is unlikely that you will get an instant ban, depends how many points you have on your licence.
2006-09-01 04:16:17 · answer #4 · answered by Anonymous · 0⤊ 1⤋
There's no way you could have had enough vodka mixed in your drinks to put you over the legal limit without you knowing about it. Sorry.
J J, love the pedantry
2006-08-31 10:28:18 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes you would be punished. It's the same as driving to work the morning after a night out with the alcohol still in your system. You may not be drunk, but you would fail a breath test. Anybody who fails a breath test will be arrested.
2006-08-31 09:51:35 · answer #6 · answered by gadmack2000 2 · 2⤊ 0⤋
in order to be over the limit you've had more than a single vodka, you've no way to get out of this and if you lie to the judge and try to argue some silly defence like 'i didn't know i was drunk' he will give you a harsher penalty
trust me its always best to admit the truth, they give you a reduced penalty as a reward
2006-08-31 10:20:27 · answer #7 · answered by Dawny 3 · 1⤊ 0⤋
You are surely held as knowing that you were in a state of intoxication. Make a big deal of it, try toget the police to bring the suspect lacer in for questioning, at least.
Don't Drive Drunk!
2006-08-31 09:54:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would hope that you would KNOW if you were drunk! However, you might not have been aware that someone slipped alcohol into a soft drink?
If this is the case, you should be able to use that as a defence in court.
2006-09-01 04:43:05 · answer #9 · answered by Sally J 4 · 0⤊ 0⤋
This is an example that what you don't know can hurt you. You are responsible for your actions. Weather you will be ban from driving that is up to the judge.
2006-08-31 09:54:45 · answer #10 · answered by Anonymous · 1⤊ 0⤋