Can you get a DUI even if you're under the legal limit?

[YesterdayAgain]

A couple questions out of curiousity.

The legal limit in Michigan is .08 I believe. When an officer pulls someone over for suspicion of DUI, does he usually wait until he has proof of other violations even if you're not over the legal limit? I know that's an open ended question, but what I'm asking is more or less do people ever get pulled over simply for suspicion of DUI and then let off if they're not actually drunk.

The other thread title question is simple; can you get a DUI or a similar infraction even if you're under the legal limit?

 

[Sniperdog]

It might be a dwi driving while impaired after any drinking if you are below legal limit. you a$$ is still there's, so don't drink and drive and all is well

not preaching just a mater of fact :thumbsup:

 

[YesterdayAgain]

I've always been vehemently against drinking and driving, just curious.

 

[jshen]

Yes

Basically you have two different types of DUI..one operating with alcohol exceeding a set amount, the .08 is per se illegal and the second operating while under the influence to a degree that makes the driver "less safe". In the latter, one can be DUI if less than .08 if we can show person's driving was "less safe". For example, the driving infractions committed, the driver's demeanor, appearance, ability to perform field sobriety tests, etc., all go to show jury driver was under the influence. Also, the presence of drugs-legal or illegal in system is a contributing factor...

 

[Svt-Sonic]

Another curious question,

If a driver is pulled over at a "Check Stop" or similar and is taken from their vehicle to the on site breathalizer (spl), but on the way he pulls out a flask or something similar and chugs it, with the defense being that the reason they blew over was because of the alchohol consumed after they were pulled over, do they have any defense before the law? Or is the fact that the liquor was within the drivers reach while in operation of the vehicle make it a DUI regardless?

Once again just a question that I am curious about, as I wont ever be in the situation where this may happen, as I really am opposed to D&D.

 

[FordSVTFan]

There are alcohol consumption curves, based on whether the alcohol is entering or existing the system. Blood work would be ordered in this case and additional criminal charges would be forthcoming besides the DUI.

 

[2001SVTsnake]

my friend has well i should say HAD, a 2003 s/c gt.

it was wet out and was coming home he was at a kids house like 1 sub away (you could get to his house within 3 minutes). and had a couple of beers like maby 2-3. well he was pissed about sumthing and turned into a apartment complex on the way home right in the front of my sub. he down shifted (like i said was wet) and flew up the curb and broke one wheel completely off, i think his axle may have been jacked.

needless to say some lady called the cops. he got arrested for DUI. and did 7g's in damage to the car.

now he has to sell it because his insurance (if he got approved) went from 400 a month to 800

 

[19COBRA93]

my friend has well i should say HAD, a 2003 s/c gt.

it was wet out and was coming home he was at a kids house like 1 sub away (you could get to his house within 3 minutes). and had a couple of beers like maby 2-3. well he was pissed about sumthing and turned into a apartment complex on the way home right in the front of my sub. he down shifted (like i said was wet) and flew up the curb and broke one wheel completely off, i think his axle may have been jacked.

needless to say some lady called the cops. he got arrested for DUI. and did 7g's in damage to the car.

now he has to sell it because his insurance (if he got approved) went from 400 a month to 800

Your friend is insane for paying $400 a month for insurance to begin with. He should consider this a blessing in disquise. He'll be out of a huge insurance payment, and hopefully, he'll learn his lesson on drinking and driving.

 

[Njc0las]

Hellll yea. Like I've previously said, I've received a million tickets and lost my license a few times and my insurance is still only $100 a month. I do own my car though. I'm assuming he has full coverage and is making payments.

 

[Njc0las]

I'm kinda curious about the slamming the liquor real fast once you step out of the car. I've heard this before and although I'm sure it's irrelevant, I'd like to know what would happen.

 

[YesterdayAgain]

Hellll yea. Like I've previously said, I've received a million tickets and lost my license a few times and my insurance is still only $100 a month. I do own my car though. I'm assuming he has full coverage and is making payments.

Do you have full coverage?

 

[jshen]

I'm kinda curious about the slamming the liquor real fast once you step out of the car. I've heard this before and although I'm sure it's irrelevant, I'd like to know what would happen.

In addition to the above post about metabolic rate and alcohol levels we can tell within a pretty good degree of certainty when you drank. GA requires two intox tests within minutes of each other and I can easily see where you were at.

For starters a lot of states have provisions that state if you run a certain amount [ GA says within 3 hours of the arrest ] that would cover your scenaro.

Secondly, the mere fact that one did such a thing would not play well to a jury as they would know why you did it.

Thirdly, most officers would add an Obstruction, Tampering with Evidence and anything else that could could to mind and could turn a misdemeanor into a felony- depending on the state and the creativity of the officer.....

 

[imbuggin]

First off I 100% am against drinking and driving as I have been in an accident and lost friends do to some drunk moron and no fault of ours!

from my favorite attorney. Do these 3 things when getting pulled over for a drinking and driving test and watch the cops face.

1) As being pulled over, spray binocca into your mouth and make it obvious

2) Pull out your handy eye patch you keep in the glove box and put it on.

3) Grab your cane out of the back seat and make it visible.

If the cop is smart he would smile at you and tell you to have a good day. What sobriety test could he possibly run? I found it to be more of a funny statement than anything else. I would not try this one at home!

 

[FordSVTFan]

There are numerous neurologic tests that can still be run. The suspicion of driving drunk is enough for the stop and then any two failed FSTs will bring you in for a breathalizer (after your silly little binaca trick is over) and/or blood work.

By your favorite attorney offering advice on how to perpetrate future crimes, he has committed an ethical violation that puts his bar card in question.

 

[Bullitt995]

You can also get a DUI for less than a .08 if you're under 21. I think it's .02 or something really low here in alabama if you're under 21. My friend blew a .04 in Huntsville when he was pulled over for a loud exhaust and got a DUI.

 

[mkb116]

First off I 100% am against drinking and driving as I have been in an accident and lost friends do to some drunk moron and no fault of ours!

from my favorite attorney. Do these 3 things when getting pulled over for a drinking and driving test and watch the cops face.

1) As being pulled over, spray binocca into your mouth and make it obvious

2) Pull out your handy eye patch you keep in the glove box and put it on.

3) Grab your cane out of the back seat and make it visible.

If the cop is smart he would smile at you and tell you to have a good day. What sobriety test could he possibly run? I found it to be more of a funny statement than anything else. I would not try this one at home!

I would just laugh at someone who thought that was going to get them out of a DUI.

I can think of several field sobriety tests a person could do with a cane and an eye patch. Finger count, Finger to nose, ABC's, Romberg...

As far as the Banaca, mouthwash, gum and anything else you want to put in your mouth to through of the PAS or the breath machine. That does nothing. After 15 minutes of observation its completely gone.

 

[Lonestar7777]

These days its just not smart to drink and drive. I have lost a friend to a drunk driver and thats sure brings it home. Always have a driver who has not taken one drink to get you home safe.


LS

 

[94_302]

Basically you have two different types of DUI..one operating with alcohol exceeding a set amount, the .08 is per se illegal and the second operating while under the influence to a degree that makes the driver "less safe". In the latter, one can be DUI if less than .08 if we can show person's driving was "less safe". For example, the driving infractions committed, the driver's demeanor, appearance, ability to perform field sobriety tests, etc., all go to show jury driver was under the influence. Also, the presence of drugs-legal or illegal in system is a contributing factor...

First off I do not drink and drive. But what is defined as less safe? If the persons demeanor, appearance, and ability to perform the field sobriety tests are all exactly what an officer would expect any normal persons to be can simply a driving infraction that the person may have committed regardless of if he had any alcohol in his system be enough to give him the dui? Such as the person does not use their turn signal, they run a questionable yellow/red light, they were doing 5 over. Even if they showed no physical signs of being impaired and blew under the legal limit can a simple driving infraction be enough if someone is under a .08?

 

[SuperFreak101]

Hellll yea. Like I've previously said, I've received a million tickets and lost my license a few times and my insurance is still only $100 a month. I do own my car though. I'm assuming he has full coverage and is making payments.

now thats a retarded statement. Your insuranse price doesnt matter if your making payments or not. Also, most people that own there cars with no payment dont drop full coverage on it and only carry liability like you.

 

[mkb116]

removed by moderator

More than likely you got pulled over by a PD. Or an agency that doesn't like to handle DUI's.