onesickpantera

iTrader: (1)

They proposed that in Michigan quite a while ago but it never passed. They just make you pay an exorbitant amount of money for registering your vehicle after getting a dui/dwi.

Bawana

Smarty, If they drew blood. Would not the state crime lab expert be able to back time log the alcohol intake, or how its filtered through the liver????

phragle

iTrader: (3)

Actually I have had some good conversations with my sister over the years. She is a retired lawyer, retired comfortably at 42 with a perfect record of never loosing,

Canuck B Crazy

Here in Canada, a police officer can pull a car over at any time. They can check the driver is properly licensed and insured, they can check sobriety. Since the bar is very low for a traffic stop, the bar for evidence is set very high. Meaning the roadside screening device cant be used as evidence. It only gives cause to test on the big machine at the police station or a hospital for blood evidence. If you tell the police how much you have drank, that can be used against you. An added feature in BC, during the tests at the police station or hospital, you can have an attorney present. If you request an attorney, they can't do the test until the attorney is present. Smart drunk/drugged drivers, don't admit to drinking or how much and request an attorney for the tests. Most times by the time a lawyer arrives, you are sober and no charges.

Since its easy to beat a DUI in BC, they have created a non criminal DUI. The roadside screener can be used as "evidence". If you blow between .5 and .8, they suspend your license 24hrs, impound the car and fine you.

phragle

iTrader: (3)

.5 to .8 in all but the most seasoned alcoholics is pretty much lethal....

Canuck B Crazy

Forgot a zero!

Its now very low. A few beers can get you into trouble here. With impound fee's and the fine its almost $1,000. A second time, gets more suspension time, car impounded longer. Third time you get suspended for a year. Plus insurance goes up. I'll only drink two beers in a bar because of it, if I'm driving.

SinOjos

Hear is an interesting take on things.

http://fairdui.org/

phragle

iTrader: (3)

.05 is just crazy. your not impaired or even the least bit buzzed at .05

Smarty

Good question, the dissipation rate of alcohol can be determined, so I am guessing since I do not know the actual answer to your question, I would assume yes. But going back to my earlier post, in New Jersey extrapolation cannot be used by the defense not can it be used by the Prosecution to build a case (STATE v. TISCHIO, 107 N.J. 504 (1987) 527 A.2d 388). I would argue like hell, against the state's expert to be able to even testify or supply his findings based on State v. Tischio.

Blood is drawn when the defendant is at the hospital due to an accident and the driver is suspected of being under the influence of alcohol. The breath test is the primary testing method in New Jersey.

Smarty

A BAC (Blood Alcohol Concentration) of .05 would occur if a 180 lb. man drank three beers in a one hour time frame, meaning at dinner I drink three 12 oz cans of Budweiser starting at 5:00 PM, stop drinking at 6:00 PM then drive and get pulled over at 6:01 P.M. the BAC would be .04/.05.

Yes at .05 you are not impaired, others would argue you are, but I disagree.