I was arrested for a dui...and they said my level was .3? I weigh only 100 pounds..wouldnt i be dead or near it if it were that high? This was after I blew into it after three times of it saying error. It doesnt make sense to me because i have read how dangerous of a level that is...and me being so little if it were that high i should have been throwing up or somthing. When they determine if you will go to jail is this what they use?
2007-01-11 19:42:45 · 8 answers · asked by yesiknow 1 in Politics & Government ➔ Law Enforcement & Police
I too dont like the act of drunk driving..but unfortunantly i made a poor decision and luckly no one including myself was hurt. I dont think what i did was smart. I also dont think that I should spend time in jail more than I already did because it was a mistake and i have been nothing but an imobile heep of guilt.
2007-01-11 20:59:57 · update #1
The only thing that determines your jail time is what the JUDGE says, he has the discretion to impose within certain limits. Your attitude and other circumstances at the time of arrest have the most influence, but yes, the Judge would look at a .08 differently than a .3 - He makes a judgment call based on many other factors, hence the name Judge.
For the most part they treat DUI as DUI and the penaltys run pretty even, again, if you spit on the cop and called him a ***** the Judge will certainly consider that.
.3 is way over the limit, if this is a first offense you may get time all ready served, 3 days I am guessing.
Being sober 7 years I might suggest you consider stopping it now, if you're young you can save yourself decades or heartache over alcohol.
2007-01-12 03:38:56 · answer #1 · answered by Tim H 3 · 0⤊ 0⤋
It doesn't determine jail time but it should.
I am concerned that the machine said error a few times. I will let you know that I DESPISE drunk drivers but I also despise innocent people being convicted of crimes. I think you could get the result thrown out based on the error messages.
Also, there is a big class-action thing going on in AZ about the machines not reading blood alcohol correctly because the machinery was faulty with bad software. Maybe it extends to other states too? You should look into it.
2007-01-11 20:19:12 · answer #2 · answered by Jamie R 4 · 0⤊ 0⤋
It depends upon where you live and what the legal blood alcohol limit is there. Most places have a limit between 0.08mg/dl and 0.1 mg/dl
A level of 0.4 is considered to be alcohol poisoning and could kill you. The level is a percentage, so for you, it is the % for a 100 pound person. It is measured in milligrams of alcohol per deciliter of blood. But, everyone metabolizes it differently, so you might not puke or become unconscious, whereas another person with the same level, will.
If you were caught driving with a blood alcohol level of 0.3, then you are guilty of driving while under the influence in most states.
2007-01-11 19:50:25 · answer #3 · answered by bambi 5 · 0⤊ 0⤋
I live in tennessee and i have had 3 dui's - i am now 9 months sober however my first dui i had a blood alcohol level of 3 times the legal limit and had to serve 7 days in jail. so yeah, depending on where you live blood alcohol level can determine your sentence.
2007-01-12 09:01:06 · answer #4 · answered by GrundleGoat 3 · 0⤊ 0⤋
I also was nailed for a dui I weigh I30 they did the breathalyzer thing three times and said I wasn't blowing hard enough so took me to hospital for blood test. They say my bal was 2.5...yes 2.5 when I went for arraignment the judge said that no judge would lower the charge to impaired because of my bal being so high even though it was my first offense....I pled not guilty but the judge said I only needed a lawyer to stay out of jail which was true..then judge then told me that if I follow through with my probation when I go to sentencing and prove I have been following through he would not give me jail time...its a combo of everything to determine if you go to jail..how many offenses,following probation,paying fines all that..I wish you luck, I was facing 93 days. I changed my plea to guilty and agreed to do what the judge said.
2007-01-11 23:17:21 · answer #5 · answered by kim 3 · 0⤊ 0⤋
The alcohol level in the blood do not determine the penalty but the act committed while under the influence of liquor.
2007-01-11 19:46:28 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It can if you are in a state that has a felony DUI statute. Contact a lawyer and know your rights.
2007-01-12 04:05:41 · answer #7 · answered by Combatcop 5 · 0⤊ 0⤋
Criminal Records Search Database : http://InfoSearchDetective.com
2016-04-13 13:24:41 · answer #8 · answered by ? 3 · 0⤊ 0⤋