Surprise Man Charged With DUI Despite 0.000 Alcohol Content (Tolleson: tax, law)

[Zippyman]

I have no problem with drunk driving laws, but in a clear-cut case where an officer lies on a report, the officer needs to do some time, and lose that job & pension. This kind of thing shouldnt be happening as often as it does - there need to be repercussions for officers who abuse the citizens they swore to protect & serve.

[TiredOfyycCold]

That is unbelievable.... I hope he wins his lawsuit.

This thread has also taught me something that I was completely unaware of. In Canada we have 2 separate charges for people who drink and drive: "Impaired Driving" and "Blowing over .08" - Usually they go hand in hand, but a person could just get an "Impaired Driving" charge if they blow between .05-.08
If you blow 0.0 - and there isn't STRONG evidence of ingestion or inhalation of some other impairing substance, you wouldn't be charged.

From what I have read here - By having that one glass of wine I have with dinner at a restaurant or one beer at a hockey game - I'm leaving myself open to getting charged with DUI even though I am no where near intoxicated. And judging from the two stories posted... I don't even need to have that one drink! This is scary and good knowledge to have. It is totally stupid IMHO - but it is what it is and I guess I will only be drinking in the comfort of my home from now on!

[DetroitN8V]

The limit needs to be INCREASED. The people having a few drinks with dinner aren't the ones swerving into oncoming traffic and running red lights.

[Juram]

Originally Posted by DetroitN8V

The limit needs to be INCREASED. The people having a few drinks with dinner aren't the ones swerving into oncoming traffic and running red lights.

I don't know about increased, but the people pushing for a decrease kind of get on my nerves. The average person cited with a DUI has a BAC around .15, basically double the legal limit. The average person involved in a collision while under the influence of alcohol has a DUI of .19 to .22. If those people don't give a damn enough about the law as it is, decreasing it isn't going to help anything but criminalize even more people and get the police even more amped on tracking down evil drunk drivers with a BAC of .005.

[azriverfan.]

What bothers me about DUI is I see drunk drivers all over the place getting away with driving like maniacs, yet the law abiding couple gets pulled over at a stop after they just had 2-3 glasses of wine with dinner. It's almost as if they pull over some people because it's easier and prefer to avoid areas where they know people drive drunk

[DetroitN8V]

Originally Posted by Juram

I don't know about increased, but the people pushing for a decrease kind of get on my nerves. The average person cited with a DUI has a BAC around .15, basically double the legal limit. The average person involved in a collision while under the influence of alcohol has a DUI of .19 to .22. If those people don't give a damn enough about the law as it is, decreasing it isn't going to help anything but criminalize even more people and get the police even more amped on tracking down evil drunk drivers with a BAC of .005.

0.08 is too low. I'd like to see 0.13. Have a few cocktails, have fun, just don't get wasted and drive.

[Juram]

Originally Posted by DetroitN8V

0.08 is too low. I'd like to see 0.13. Have a few cocktails, have fun, just don't get wasted and drive.

I think it's fine where it is, even at 0.08 people are pushing it way too much, its the same reason why the speed limit on the I-17 heading south past Peoria is set at 55, because its known that everyone will drive 65-70......if they set it at 65, everyone would be flying past doing 75 or more on a real tightly enclosed freeway. The last thing I want to see is more actual drunks out on the road, especially at that level which the vast majority of people can't handle and drive safely.

[magnum0417]

I don't have an issue with .05 DWAI (ability impaired) and .1 for DWI which is what NY and many east coast states were. Less than .05 they do not arrest you. Pretty cut and dried. My libertarianism is showing and feel the DUI guidelines here by the "Righteous Right" are too open to interpretation and easily abused by law enforcement. I have never ordered an alcoholic beverage in this state whenever I had to drive so I am used to the restrictive rules. Well not quite. I had a pina colada at La Roca Restaurant in Nogales an hour before driving back to PHX.

[DetroitN8V]

Originally Posted by Juram

I think it's fine where it is, even at 0.08 people are pushing it way too much, its the same reason why the speed limit on the I-17 heading south past Peoria is set at 55, because its known that everyone will drive 65-70......if they set it at 65, everyone would be flying past doing 75 or more on a real tightly enclosed freeway. The last thing I want to see is more actual drunks out on the road, especially at that level which the vast majority of people can't handle and drive safely.

Raising the limit will simply keep the casual drinkers, those perfectly fine to drive, out of unnecessary trouble (and serious expense). The wasted people that you don't want on the road will drink and drive regardless of the BAC limit.

[MN-Born-n-Raised]

Originally Posted by DetroitN8V

0.08 is too low. I'd like to see 0.13. Have a few cocktails, have fun, just don't get wasted and drive.

My wife bought me a breathalyzer to make sure I was o.k. to drive when we go out. It's proven to be an interesting device. I've learned that at 0.08 BAL, you have no fricken business driving. At .13 you heavily altered. That said, I'd rather have a .08 BAL drunk on the road passing me on a 2 lane road than someone who is texting.

Have a few cocktails after you eat and you will be fine to drive and still get your buzz.

An important side note: It takes a good 20 minutes to get a quality alcohol read from your breath. I could be stone sober (0.00 BAL) and swish a Long Island Ice Tea in my mouth and spit it out. If you tested me on a breathalyzer 15 minutes later, it would show that I was DRUNK. Yet a blood test will prove 0.00. The alcohol gets absorbed in your mouth (not much in your blood). Even swishing your mouth with water won't knock it down much. So the message is don't take that last gulp and leave. If you get pulled over, you can have a false positive.