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As a lawyer, I support your personal advice that no one should be anywhere near the legal limit while behind the wheel. I advocate for 0 drinks before driving.
by vivekd 8y ago
As a lawyer, I support your personal advice that no one should be anywhere near the legal limit while behind the wheel. I advocate for 0 drinks before driving.
That said I want to correct a few things:
1. In many jurisdictions, including mine, you do not have the option to submit to a blood test. If the police demand a breath test, and you refuse, you will be charged for failure to blow, the penalty for which is, in many cases, the same as being charged with drunk driving. You can't say to the police "can't I just get a blood test instead" to get out of this failure to blow charge.
2. The intoxylizer breath testing devices are heavily guarded, the government and the company that makes them have refused to release the source code or the machines themselves for testing. The one time the court did order the source code to be turned over the company claimed they lost it.
https://tampaduiattorney.wordpress.com/2011/07/26/cmi-lost-the-source-code-on-the-intoxilyzer-8000-now-what/ https://tampaduiattorney.wordpress.com/2011/07/26/cmi-lost-t...
Under such circumstances, it is unrealistic to think that real objective and meaningful tests will be done to establish the validity of these machines.
3. I'm not the one telling people that there is a legal limit and they should be below it. I'm telling people not to drink at all. It's the government that made up this stupidity about legal limits and it seems to be the least we can ask for as citizens for the government to stick to the very stupid and ill devised rules they come up with.
If you don't want people to be anywhere near the legal limit when driving then make that the rule and tell them that. Don't make up this mumbo jumbo about legal limits and pretend you have the ability to test for it when you don't because that'll lead many people to inadvertently break the law.
- supergeek133 8y agoExactly, there is quite a bit of news stories every year about "here is how many drinks a person of this height and weight can have before being .08" or whatever. Just don't drink and drive, that's the only sure fire way to not get accused. Especially for a limit you can't test yourself without spending ~$100USD to get a personal tester which they don't guarantee the accuracy of. We're trying to enforce laws on an uneven playing ground (a limit the average citizen can't test against until it's too late).
- Balgair 8y agoFYI for other readers, in CO and MI, the limit is 0.05. Be careful out there. > If the police demand a breath test, and you refuse, you will be charged for failure to blow, the penalty for which is, in many cases, the same as being charged with drunk driving. Question for a lawyer then: How does this affect international travel. I know that you can't go to Canada if you have a DUI on your record, and other countries can be even more scrutinious. Is a Failure to Blow considered the same as a DUI to countries like those?
- dragonwriter 8y ago> It's the government that made up this stupidity about legal limits Breaking the legal limit is usually sufficient but not required for DUI; DUI laws existed before legal limits and addressed being under the influence. Legal limits were added on top of the base rule to create a bright line where there would be clarity of guilt, but AFAIK in most places they did not replace the base rule, just added on top of it.
- deleted 8y ago[deleted]