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

[RDJ]

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You got lucky. For anyone to assume their experience will be the same as yours is as ignorant as you for assuming you will catch the same break next time it happens to you.

A person CAN be charged with driving under the influence even tho they blow under the legal limit. A person CAN be convicted of DUI even tho they blow under the legal limit. Not passing the field sobriety test, a watch commander that won't let the officer drop the case and a DA that wants to make a point is all it takes.

 

[About2bite]

A person CAN be charged with driving under the influence even tho they blow under the legal limit. A person CAN be convicted of DUI even tho they blow under the legal limit. Not passing the field sobriety test, a watch commander that won't let the officer drop the case and a DA that wants to make a point is all it takes.

Well that is what I am getting out of your sentence, maybe I am misunderstanding what you are trying to say?
You state that A person CAN be convicted of a DUI even though they blow under the legal limit, which to me means if there is any alochol in a persons system, well as long as it is enough to be read of course... And you follow by stating that all it take is a DA trying to make his point. Please clear this up for me if I am misunderstanding you.

 

[FordSVTFan]

So basically your saying if there is any alcohol in your system and the officer wants to he can give you a DUI, even if there is no noticable effects on your abilities?

If the officer has objective indication of your impairment, you can be charged.

 

[4tun8]

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.

It's called a joke....you know, that whole humor thing?

 

[RDJ]

So basically your saying if there is any alcohol in your system and the officer wants to he can give you a DUI, even if there is no noticable effects on your abilities?

Kindly point me to the sentence in my post where I said, or implied this

 

[FordSVTFan]

It's called a joke....you know, that whole humor thing?

You need to work on your delivery.

 

[4tun8]

It's wasn't me that said the joke, but he even said the lawyer said it to him jokingly or something of that sort.

 

[fly4navy117]

What if you blow over a .08, but pass a sobriety test?

 

[mswaim]

Your going to jail, where you will be the only guy steady on their feet. :beer:

 

[88blackgt]

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.

zero tolerance for minors here in iowa. may be the same case, but i dont know

 

[FordSVTFan]

What if you blow over a .08, but pass a sobriety test?

You are Per Se guilty and will be charged!

 

[vemom93]

what if no alchohol is detected in the breath, in the car, or the smell of the person, but you fail a sobriety test?

 

[jshen]

zero tolerance for minors here in iowa. may be the same case, but i dont know

.02 in GA also...Believe it or not punishment for juveniles is worse than that for adults. Mandatory jail if .08 or above and that cannot be suspended or waived. Mandatory loss of license..

 

[RDJ]

.02 in GA also...Believe it or not punishment for juveniles is worse than that for adults. Mandatory jail if .08 or above and that cannot be suspended or waived. Mandatory loss of license..

too bad more states don't adopt this policy for young and old

 

[MVPJEFF106]

LOL, I was just reminded that some of you have trial by Jury for DUI offenders. I had a HGN Instructor Class with some Fl cops, who seemed to hate the trial by Jury.

 

[Unoid]

Quick question: is it possible for someone who has for example a .10 BAC be skilled enough to drive better than someone who has had no drinks at all, all things remaining equal.

Note: in nearly everything in life. Some people are just better than others even with handicaps.


For those who say not possible, why?

my reason for asking is... I've seen people who naturally are unsafe and horrible drivers. Yet, I've seen people who can have a few drinks and legally get a DUI yet still drive safer and react BETTER than those 'legal' bad drivers. So w/o actually harming anyone else the over the limit driver automatically becomes a felon.

 

[MVPJEFF106]

Quick question: is it possible for someone who has for example a .10 BAC be skilled enough to drive better than someone who has had no drinks at all, all things remaining equal.

Note: in nearly everything in life. Some people are just better than others even with handicaps.


For those who say not possible, why?

my reason for asking is... I've seen people who naturally are unsafe and horrible drivers. Yet, I've seen people who can have a few drinks and legally get a DUI yet still drive safer and react BETTER than those 'legal' bad drivers. So w/o actually harming anyone else the over the limit driver automatically becomes a felon.

Absolutely, why not? Everyone has a different tolerence. You are considered "Intoxicated", because your senses are impaired, and you are considered not to be able to safely operate a motor vehicle.

 

[FordSVTFan]

Quick question: is it possible for someone who has for example a .10 BAC be skilled enough to drive better than someone who has had no drinks at all, all things remaining equal.

As your statement below recognizes, some people are more skilled than others. So, if someone drives and on a 10 pt scale is a 4, while another driver is a 10, and when drinking is only 50% as effective/attentive and rates a 5, they would appear better. But you arent judged against the lowest common denominator.

Note: in nearly everything in life. Some people are just better than others even with handicaps.

And because of this they are judged against themselves.

my reason for asking is... I've seen people who naturally are unsafe and horrible drivers. Yet, I've seen people who can have a few drinks and legally get a DUI yet still drive safer and react BETTER than those 'legal' bad drivers. So w/o actually harming anyone else the over the limit driver automatically becomes a felon.

Driving better than those "bad" drivers is NOT the standard, nor is it a standard anyone should strive toward. We want the best drivers on the road. The problem with your theory is that the person who is "per se" drunk (over the legal limit) still has delayed reaction times and altered perceptions. This is the problem.

Unless the person has multiple convictions for DUI, they would not be a felon, as a single DUI is a misdemeanor.

 

[Unoid]

good info fordsvtfan,

Its fun to gain insight into how our laws are driven based on morals and generally perceived safety.

 

[FordSVTFan]

Typically our laws are based in public policy.