Warning: Little known "Driving While Impaired" law can put non-drinkers in slammer (insurance, home)

[observer53]

Originally Posted by R_Cowgirl

Apology accepted. I agree with all of that. I could write a book on how to avoid a ticket by doing all you state. I just hope that when I go to Christmas Eve Mass and take communion, I don't have to worry about THAT. If they even smell alcohol on your breath, they consider that enough to arrest now. THAT is a concern. One Tablespoon of communion wine could do that. So - everybody - go get yer Altoids!

We have a responsibility as US Citizens and Citizens of our respective states to pay attention and say something if things are getting out of whack. We have that right (so far) and if enough of us start saying, "Hey, wait a minute..." We may be able to keep things in check. We ARE part of the checks and balances system.

And, Observer, none of us disagree. The problem is that apparently isn't enough anymore. I never drink and drive. I used to type up the DUI accident reports and that was enough for me. Plus, I don't want to be on the road with idiots. But I also don't want to get nailed for being on the road 16 hours after taking cold medicine, or drinking a Club Soda with Bitters (which has a teensy bit of alcohol - 2-3 drops)...

Yes, we may be being a tad paranoid... but as the old joke goes, "Are you really paranoid if they are really after you?"

Well, anyway, I'm making a call to our Mayor's office in the morning to see what's what...

R_cowgirl-- dip the wafer/bread in the wine... that's not even a 1/4 teaspoon.. Pick up a cup of coffee on the way home, (of course the Altoid works) and you would be good to go even if they did stop you.

All this reminds me of a year or so ago, late on a Saturday night, when I was pulled over when I was dead cold sober... but also dead cold TIRED. The DPS officer clearly thought I'd been drinking (he asked me if I had, and I said, literally, "oh NOOOOOO....") He was absolutely right to stop me, based on what he said he had seen me do. I explained my fatigue, I was just trying to get home (of course, after getting pulled over I was WIDE awake), and told him I was about 1/2 mile from home (he could see that from my license). He COULD have given me a ticket, but he let me go home and go to sleep. I was WAY more impaired than I would have been awake and had one drink). I've thought of that every time I get fatigued behind the wheel, and I stop and go get a cold (nonalcoholic of course) drink and some fresh air before I go on.

I'm concerned about this getting abused, but I also want people who appear impaired based on their driving, and blow less than the presumptive BAC, to get that wake-up call. Perhaps some tweaking of this law is in order, but right now the Legislature would not consider it a priority.

And, BTW, the law has NOT been changed to allow for use of properly prescribed drugs. The current language states,
under 28-1831(B), that "It is not a defense to a charge of violation of subsection A, paragraph 1, of this section that the person is or has been entitled to use the drug under the laws of this state."

[cmist]

Originally Posted by R_Cowgirl

Yes, we may be being a tad paranoid... but as the old joke goes, "Are you really paranoid if they are really after you?"

Sometimes you can breathe a sigh of relief when you finally realize they actually ARE after you, haha.

[Tanque Verde]

Originally Posted by Howard Roark

Nail in the coffin of being a social drinker anymore, unless you live within walking distance of an upscale bar. My Phoenix apartment is resort-like, comfy, and with all I want. So I may as well call it "Howard's Tavern."

Really it's the best thing, or take a cab. And, with all the investments you're making in that tavern you may as well own a piece of it.

[las vegas drunk]

Originally Posted by Rick Lee

This is all the more reason to refuse ALL field sobriety tests. The cops are only collecting evidence against you, not seeing if you're ok to drive. Once they've asked you to start the ABC's, they've usually already decided to arrest you and just want some more evidence on their dash cam for your court case. You have to submit to a blood or breath test, but they have to have probable cause to make you do that and once you start the field sobriety test game, you'll end up giving them probable cause. Keep your mouth shut and refuse everything except that on which your license hangs.

This has not been the case for me. I admit I used to drink and drive all the time back in the 90's. Every time I got pulled over, I was told that either I take the field sobriety tests, and or I was going to be arrested for DUI. Every single time I passed the tests, and was not arrested or charged. Finally in 2000 I was charged and convicted (even know I passed the tests) but this happened at least 6 or 7 times prior to that.

[azriverfan.]

Originally Posted by las vegas drunk

Even know I no longer live in Arizona, I guarantee this is not true. If you go out and drive after having any Vicodens or Percosets, you ARE getting a DUI for sure.

Vicoden and Percocet are opiates or narcotics. These are not antihistamines we are talking about.

[Howard Roark]

My boss in Los Angeles is a binge drinker and drinks to get drunk. He occasionally does business in Phoenix. He's about my nephew's age. One of these times he will get stopped. It will be a severe wake up call to him. Then he will be asking us why we did not warn him or tell him about his drinking.

Yep even if I have to pay for a 20 mile taxi ride each way to go to one of the fancy Biltmore area steakhouses and drink 2 or 3 glasses of wine , it is well worth my freedom to pay $60 or whatever it takes for a cab. I don't do the restaurants that often.

[las vegas drunk]

Originally Posted by Howard Roark

My boss in Los Angeles is a binge drinker and drinks to get drunk. He occasionally does business in Phoenix. He's about my nephew's age. One of these times he will get stopped. It will be a severe wake up call to him. Then he will be asking us why we did not warn him or tell him about his drinking.

Yep even if I have to pay for a 20 mile taxi ride each way to go to one of the fancy Biltmore area steakhouses and drink 2 or 3 glasses of wine , it is well worth my freedom to pay $60 or whatever it takes for a cab. I don't do the restaurants that often.

If he gets stopped in Phoenix, he is in big trouble. My friend has told me the penalties for DUI have gone way up since I got mine 9 years ago. I am pretty sure you have to get a breathalyzer in your car on your first one now.

[Grannysroost]

Originally Posted by azriverfan.

Vicoden and Percocet are opiates or narcotics. These are not antihistamines we are talking about.

Did you ever see the adverse effects Benadryl could have on someone....I have a 6-year-old granddaughter that it made totally loopy...and also other antihistamines or antihistamine-based meds....

[azriverfan.]

Originally Posted by Grannysroost

Did you ever see the adverse effects Benadryl could have on someone....I have a 6-year-old granddaughter that it made totally loopy...and also other antihistamines or antihistamine-based meds....

But a 6 year old is (hopefully) not driving your car. Narcotics are definitely more potent. You do realize vicodin and percocet come from the same family as morphine and heroin right?

[Howard Roark]

Yeah I'm aware of it. And due to circumstances I rather do not want to discuss here, his career would be toast if/when he gets the DUI, in whatever state that would be. Mine would be too, if I was jailed for some cop's judgement of the word "impairment," so this thread put me into a different mindset now.

Originally Posted by las vegas drunk

If he gets stopped in Phoenix, he is in big trouble. My friend has told me the penalties for DUI have gone way up since I got mine 9 years ago. I am pretty sure you have to get a breathalyzer in your car on your first one now.