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.

I received a dui at the age of 22, I blew a .09. The officer that pulled me over was watching the bar and seen me get in my truck. She pulled me over after following me a couple miles. Long story short the judge dismissed the charges because she didn't have a good reason to pull me over, even though both of my license plate lights were out. I hired the best lawyer in the area it cost me 5,000 just for lawyer fees. I think having the right lawyer was the key to having it thrown out. To add to the story the cop lived in the house right across the street from mine in my neighborhood. My roommate was a tow truck driver and had my truck sitting in front of the detention center idling when the cop walked outside to release me, about a hour after she arrested me. It blew her mind because she was the one that called the tow truck. She just looked at me and asked is that your truck?

I had a much older gentleman that worked for me close to 15 years ago....

He went out an got hammered one night (nothing new) and when he got home (trailer park) he pulled up to the wrong traile, tapped the neighbors car with his and began beating on the fornt door yelling "let me in b&t$$"

I guess he figured out he was at the wrong trailer and walk next door to his. The cops showed up 30 minutes later and took him to jail for DUI.

I'm not sure how that charge ever stood as he could have got drunk at home in the 30 minutes before they arrived. I understand any hit and run or trespass charge he may have received but never understood how the DUI stuck.

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noun taxi·cab \ˈtak-sē-ˌkab\
Definition of TAXICAB
: an automobile that carries passengers for a fare usually determined by the distance traveled

I agree and that's the problem, it's very subjective. To take that further, if you were to drink 2 beers an hour for 3 hours you would have a BAC of about .085.

This issue in your friend's case is operation, the police did not witness him operate the vehicle, there must be more facts he did not tell you, that could have been a winnable case, but there is much more to that, and behind closed doors his attorney may have thought that the DUI deal was best, too many variables and unknowns.

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But based on what you I agree, it could have been a winnable DUI case, as banging on the neighbor's door and yelling, "b*tch let me in" that is problematic, and I guess the b*tch did not want to let him in....

Smarty,
Just curious, did you know Francis Xavier Moore?

You bring up a very good point. Here is a real world example. A client goes to a local restaurant/bar (Carolina Blue), in Mantua, NJ has a beef barbeque sandwich, two Budweisers, one Absolute and Club soda with lemon wedge, and one Baileys Irish Cream on the rocks. The client weighs 215 lbs, started drinking at 10:00 P.M. stopped drinking at 12:00 P.M.

He stops to visit how mother at 12:16, since she lives 1/8 mile away form the bar, my client (age 49) and his 22 year old girlfriend talk with his mother for 15 minutes before heading out. He is stopped pulling out of her street by the local police officer at 12:30 A.M. (2 and 1/2 hours after he started drinking), who knows the client, not in a bad way, this client is a DUI attorney. The officer with 15 years experience indicates he smells alcohol, now the game is on.

He asks the driver/client to exit the vehicele to perform the field sobrirty tests on hill, not a flat level surface as required, the officer then indicates that the driver is somehow resisting arrest, so the driver complies, knowing full well he is under the legal limit and knowing he does not have to do the field sobriety tests at all but is confident the officer will recognize that the driver is in fact sober. The driver is 100% conffdent that his BAC would be .03, at most .04. The officer then handcuffs the driver alleges DUI, and the driver is then transported to the police station. Here is the problem for the driver, it is Saturday night, he has court at 8:30 a.m. Monday morning. New Jersey law requires that the alleged drunk driver's car must be towed and impounded for 24 hours, or a sober person other that than the driver can drive the car, the car will not be released to the driver. The towing company and auto body shop tow yard for impound was not open on Sundays. This cost the driver, $$$, and the driver will be late to a Superior Court case is he scheduled to appear on Monday morning , in a gun case where his client, allegedly shoots a handgun in a fight, a big case, not a daily speeding ticket matter. So the attorney's presence on time is important, the court does not want to hear that the attorney was late to court because he was accused of DUI and his car was impounded, that is an unacceptable tardiness excuse.

At the station the Alcotest (breath test) was performed, at least the officer got that right, the driver/client had a BAC of .03....the officer was dead wrong, cost the driver time and money. The driver then said to the the officer that the he (the officer) lacked training, is DUI incompetent, or just out to get the driver....

The DUI was dismissed, but the municipality refused to reimburse the driver for the towing and impound. In this example which happened a year ago, I was the driver/client....you can only imagine how mad I was, I did keep my composure. The underlying ticket for stop was alleged that i did not come to a full stop at the stop sign at the end of the street, which was just a complete lie.

It cost me time and money, time and money

So my BAC of .03 cost me time and mone, the force is very aggressive which is a good thing for my business, bad thing for the residents...the odor of alcohol as all he needed.....I will forget that stop as long as I live. Just bullsh*t.

No, who is he, what did he do? Or what does he do ?

He was a lawyer in your line of work, office was in Red Bank NJ