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No I didn't get a DUI and I never have but I was amazed to recently find out that in California if you refuse a breath, blood or urine test the worst thing that can happen to you is a 1 year suspension of your license (first time) and a fine of $125. That sounds a hell of a lot better than the costs associated with even a first time DUI not to mention having the DUI on your driving record.
I don't advocate drinking and driving but I am amazed that more people don't know about this.
I don't think anyone would actually say they are for drinking and driving under the influence, but... I feel current laws have gone too far, as have the punishments for "normal" people.
My father got a DUI about 20 years ago, back when the limit was .10 instead of the current .08. He'd actually been out having dinner and a few drinks with me, and when he got pulled over, refused to take a breathalyzer because while he certainly wasn't drunk, he knew he was probably borderline or just over the legal limit, which is set too low in my opinion. Since he refused, he got arrested and had to get a lawyer, yadda yadda yadda. Ended up costing him about $5k to not go on his record and get adjusted down to a lesser charge. Most people can't just afford that out of the blue.
A friend of mine is currently going through the same thing... Except he's spent $12k now fighting this thing. He's an IT guy and has a good job and doesn't want to lose it. First DUI ever.
The people who these tough laws are supposed to target, it isn't working. They get a DUI, they spend a week or so in jail if that, pay a fine (or skip paying the fine) and go right back to drinking and driving. There are people who have been convicted of drunk driving multiple times... and they're still on the road and in many cases, still have their license!
Meanwhile, it's the hard working guys like my father and my friend who have to pay through the nose for being a tiny bit over an artificially low limit. Everyone should be able to go out and have 2-3 drinks with dinner and not have to worry about getting a DUI.
I don't drink at all, but I recognize social drinking as a part of our social identity as a culture. In my opinion, the legal limit should be set at the equivalent of a normal person having three drinks (three ounces of alcohol) less than an hour before driving. I've never seen any evidence that a person with two drinks is sufficiently impaired to not be able to drive safely, so setting the level at three would seem to me to be reasonable. There should also be probable cause, so a driver cannot be pulled over and tested unless the police see a violation. A person driving dangerously impaired will be conspicuous from the manner of driving.
I would also require, as a condition of a license to serve liquor, that a free breathalyzer test be available on the premises (including sports arenas, etc.), so drivers will know if they are legal when they head for the parking lot.
Anything else is just police-state mentality and heavily victimizes people who are certainly less of a public danger than sober drivers under 20 at night using a cell phone.
Going by calculators I've seen online, when I'd estimate my BAC getting close to .08 I feel fairly intoxicated... certainly enough to significantly impair my driving. There are studies that have shown that driving impairment happens under .05
Mckinney, you can't get a BAC of .08 from just two drinks, unless you weigh far less than most people. And even then, by the time you step into your vehicle to drive home it's going to be well below .08 ...
Going by calculators I've seen online, when I'd estimate my BAC getting close to .08 I feel fairly intoxicated... certainly enough to significantly impair my driving. There are studies that have shown that driving impairment happens under .05
Mckinney, you can't get a BAC of .08 from just two drinks, unless you weigh far less than most people. And even then, by the time you step into your vehicle to drive home it's going to be well below .08 ...
For me no, it's 3 drinks. But for my wife and a lot of women, 2 is borderline.
Here in NM refusing a breathalyzer or blood test results in an automatic "aggrivated DWI" which usually means harsher sentencing. If someone is convicted of a DWI, their legal limit from then on is set at .02. Our newspaper also used to (not sure if they still do) publish DWI offenders' pictures in the Sunday edition.
I'm strongly in favor of having strict DWI laws, but I'd like to see more attention placed on preventative measures as well. The buses here stop running at 7-9 pm, and taxis are expensive, take forever, and are very expensive.
One time, a few years back, I was walking to my car from the bar district when I saw the DWI squad had set up shop. I knew they weren't doing a checkpoint, since they were on a street that gets blocked off to traffic on weekend nights. I only had 2 beers that night, but I thought it wouldn't be a bad idea to see what my BAC was, so I asked one of the officers if I could take a breathalyzer. He said no and was a little rude so I left a little bit angry and confused as to why they were there in the first place.
in NY, 1st time DWI is a misdemeanor, 2nd time within 5 years is a felony. there is also "non criminal" DWAI (driving while ability impaired) which is a BAC of less than .08, lesser fines and jail time than criminal DWI, but in it's own way just as bad as criminal DWAI. for example, a non criminal offense conviction(like harrassment or disorderly conduct) will normally be sealed on the rap sheet in NY state, but not for DWAI
Going by calculators I've seen online, when I'd estimate my BAC getting close to .08 I feel fairly intoxicated... certainly enough to significantly impair my driving. There are studies that have shown that driving impairment happens under .05
Mckinney, you can't get a BAC of .08 from just two drinks, unless you weigh far less than most people. And even then, by the time you step into your vehicle to drive home it's going to be well below .08 ...
I'm at .08 after 2 beers. 6'1" 130 lbs though. I'm in no way close to impaired though. that usually comes after 4 or 5 when I start to get my "buzz"
No I didn't get a DUI and I never have but I was amazed to recently find out that in California if you refuse a breath, blood or urine test the worst thing that can happen to you is a 1 year suspension of your license (first time) and a fine of $125. That sounds a hell of a lot better than the costs associated with even a first time DUI not to mention having the DUI on your driving record.
I don't advocate drinking and driving but I am amazed that more people don't know about this.
It's not that simple. The police can always get a warrant and get a blood sample by force (recent ruling, prior to that forced blood draws only required probable cause). Further, your refusal to provide a sample can be used in court against you as evidence you were intoxicated.
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