well if the.08 law is applied the same as it is in calif. and i do believe you will find that it is ,as most states have setteled on the calif.model or formula or standards for interdiction and prosecution as regards the,the dui/or dwi.laws you can be charged with a reckless driving offence.in the case that a lesser amount than the legal limit is detected.these are known as a wet reckless and are quite common. this can be followed logically.say you are speeding or run a red light or or passing over double yellow lines,and when you are stoped they give the field sobriety tests and find that you are not over the limit for d.u.i., but still a detectable amount of alcohol can be established.now the speeding ,red light ,passing in a no passing zone carries the further 'inhancement' infraction of the wet reckless usually a misdemeanor. but say you killed a person in the crosswalk,while speeding or the redlight or the no passing zone now all these or any of these can and would usually be charged as felonies, vehicular manslaughter redlight ,double lines no passing zone,speeding and as well as a felony inhancement of the wet reckless etc.can you see the logic used in the manner that you might be so charged. it is a good educating exercise to go through these various scenerios so as to be aware of the many ways as you can be running afoul of the law.then you will be less like to be out there breaking the law without really being as cognizant of the fact of your violation as you should have been. b.mcc.
2007-05-27 12:26:19
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answer #1
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answered by brian m 1
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Yes. A .08 bac is the "per se" impairment standard nationwide. That means that at .08, you are considered impaired. However, most states DUI/DWI statutes state that if you are driving while impaired by alcohol and/or drugs you are also guilty of DUI. If you are a lightweight and are falling down drunk at a .04, you are impaired and will be charged with DUI. In WA, if you are under 21 you can be charged with a bac above .02.
2007-05-27 17:55:13
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answer #2
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answered by Combatcop 5
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Yes, in order to get pulled over in the first place you should have doing something to bring attention to yourself. It could even be driving erratically. You can pretty much get a ticket for anything but drunk driving...even driving while impaired. Don't take chances with this, it's not worth it.
2007-05-27 11:53:43
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answer #3
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answered by dans95945 2
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In Illinois if you are under 21, there is no legal limit. Anything above a .00 is DUI.
2007-05-28 03:57:22
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answer #4
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answered by hansmoleman60614 1
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If you read the actual law, you will find that a BAL of 0.08 is legal PROOF of intoxication. It is NOT a requirement to be considered UNDER THE INFLUENCE. If your driving indicates impairment, the actual BAL is not required for a conviction. ANY substance that impairs you driving ability can result in a DUI charge.
2007-05-27 14:39:21
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answer #5
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answered by STEVEN F 7
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yes you can. there are 2 different charges.
1 is dwi driving while intoxicated. this means you are at or above the legal limit.
2. dui this means you probally dont have enough to be legaly drunk but you were impaired. also dui doesn't have to be alcohol. it can be drugs or anything. this is how they get people who are drunk before the bac is the leagal limit. every one is different.smaller people dont need as much alcohol.
2007-05-27 12:02:56
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answer #6
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answered by Anonymous
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You couldn't get a ticket for that specifically, but if you were driving erratically you could get a ticket.
2007-05-27 11:48:23
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answer #7
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answered by Anonymous
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If you were driving poorly; you could get a ticket for reckless driving.
2007-05-27 11:47:08
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answer #8
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answered by Anonymous
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Yes, The charge might not be DUI, though it still could be... but probably reckless driving
2007-05-27 11:47:18
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answer #9
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answered by gcbtrading 7
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you could get a ticket for reckless driving and reckless endangerment.
2007-05-27 13:31:23
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answer #10
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answered by Seattle SeaBee 2
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