View Full Version : Question about DUI
12-15-2001, 11:53 AM
My sona and I disagree.....He says you can have 2 beers and safely drive. I believe it's DUI.
Also, he said that, at one time, he would drink and wait 3 hours to drive. I say that's not long enough.
Who is right here?
12-15-2001, 12:17 PM
There are way to many variables to give a proper response to either question, but, as a general rule of thumb; an adult male can drink two 12 oz beers and be fine to drive a car.
Also, if you are sh$%faced, three hours is not long enough to wait. Our day shift guys get many DUIs on their way to work in the morning that had partied the night before and thought they had slept it off.
Hope that helps some.
12-15-2001, 12:23 PM
Mitzi, it all depends on the person's weight as well as the amount of alcohol consumed.
First let me define a "drink". It is defined as one ounce of 100 proof of "hard liquor", or twelve ounces of 4% beer or three ounces of fortified wines.
Also remember this, a body absorbs about 1 drink per hour in the body.
For instance, you mentioned your son drinked two beers, right? Based on the manual for the Intoxilizer 5000, the approximate percent of alcohol concentration in blood in someone that has consumed two beers would be this:
Weight of person:
In Louisiana, for someone to be legally intoxicated, their BAC would be .10g% BAC or higher. Most states it is .08g% BAC.
So to answer your question, more than likely he would not be "legally" intoxicated. However, there are so many factors in determining if someone is legally intoxicated.
It depends on it being male/female, amount of alcohol consumed, a person's weight, and the time elapsed since a person took their last drink.
Did that help?
12-15-2001, 12:27 PM
This is a little off the subject, but just to clarify.
In Louisiana, a DWI is Driving While Intoxicated, meaning a drunk driver.
A DUI is Drving Under the Influence of a Drug or Narcotic.
12-15-2001, 12:45 PM
Yes, this clarifiys if for me, guys! Thanks! And I alway thought DUI was driving under the influence of alchohol and/or drugs.
My son is not a big person, like his Dad. He's very slender so I explained that it would take less alchohol to consider him drunk then it would his big father.
Of course, when he was a teenager, it all fell on deaf ears. I really had to wait him out and pray. He was good about not driving if he had been drinking. BUT, drinking can cause him further problems because if his seizure medications.
He can't drive right now but when he could, he was always the designated driver because he couldn't drink. That was kind of a blessing in disguise. He would sit there and watch his friends drink and saw what it did to them since he was sober. He sure was surprised how it affected them.
I can only hope he keeps using his common sense.
12-15-2001, 01:17 PM
originaly posted by Mitzi-I alway thought DUI was driving under the influence of alchohol and/or drugs.
Mitzi DUI/DWI has a different meaning in different states. For example in Oklahoma DWI is driving while impaired .05 to .07 and DUI is driving under the influance of alcohol or drugs, .08 and above.
[ 12-15-2001: Message edited by: Sgt. DG644 ]
12-15-2001, 02:57 PM
CajunCop is correct, the BAC of a person at any given time is based on several factors: alchol concentration of the drinks, time spent drinking, number of drinks consumed, size and weight of the drinker, sex of the drinker. (alcohol is fat soluable and GENERALLY, women have higher a BF than men)
Factors that effect a persons impairment at a given BAC include: experience drinking, fatiuge, medication and/or other drugs ingested, mood, etc.
The body eliminates alcohol about 97% through the liver. Time is the only thing that reduces BAC. A body eliminates about .015% BAC per hour, so using CajunCops 240 pound guy who is at .031%, in one hour he will be at .016, etc.
The 100 pund person at .075 (very close to Texas' .08% limit) would be at .06 in one hour/.045 in two hours etc.
Also remember that as you consume alcohol over a period of time, the body is eliminating about .015% each hour. The problem is when you consume so much alcohol that you continue to increase your BAC at a rate faster than you eliminate it.
Also remember that alcohol first effects the area of the brain responsible for Higher Reasoning, or decision making. This impairment happens as low as .03%, and long before there are visible signs of impairment. First inhibitions are reduced and risk taking increases. Reactions are slowed as it takes the brain longer to process information. Multi-tasking becomes difficult.
Next vision is affected, first night vision, then peripheral and spatial.
Then physical impairment becomes evident.
12-15-2001, 03:03 PM
I should add that a person can still be convicted of DWI/DUI (depending on the states definitions)even if the person fails to obtain a BAC reading at or above the legal limit for that state. The BAC limit is suppose to be Prima Facia evidence.
For example, I arrested a woman who was so trashed, but only blew a .09 when then the limit was .10. From the field sobriety tests and video (we video at the jail in a special room) it was evident to everyone she was DWI, so she was convicted.
12-15-2001, 03:20 PM
I have allergies very bad. I once had a really bad allergy attack while driving but managed to get my car pulled over and stopped. It went into a terrible asthma attack. I used my inhaler which helped very little. When I couldn't breathe, I panicked and got out of my car, stumbling all over the place. People stopped but were afraid to get too near me because I was really stumbling all over the place. A police officer arrived and steadied me and asked me if I had been drinking. Thank God I had my emergency bracelet on and he was able to see I was having an asthma attack.
I was taken to the hospital and given breathing treatments and felt a lot better.
But, I can see where someone would have thought I was drunk. I couldn't have walked a straight line for the life of me.
12-15-2001, 08:17 PM
Originally posted by txinvestigator1:
<STRONG>I should add that a person can still be convicted of DWI/DUI (depending on the states definitions)even if the person fails to obtain a BAC reading at or above the legal limit for that state. The BAC limit is suppose to be Prima Facia evidence.
For example, I arrested a woman who was so trashed, but only blew a .09 when then the limit was .10. From the field sobriety tests and video (we video at the jail in a special room) it was evident to everyone she was DWI, so she was convicted.</STRONG>
Not in all states though. Here its a flat .08 rule. You blow under, no DUI, irregardless of how impaired you are. In these cases though we can usually get away with writing reckless driving or inattentive driving.
12-15-2001, 09:56 PM
<< I have allergies very bad. I once had a really bad allergy attack while driving but managed to get my car pulled over and stopped. It went into a terrible asthma attack. I used my inhaler which helped very little. When I couldn't breathe, I panicked and got out of my car, stumbling all over the place. People stopped but were afraid to get too near me because I was really stumbling all over the place. A police officer arrived and steadied me and asked me if I had been drinking. Thank God I had my emergency bracelet on and he was able to see I was having an asthma attack.
I was taken to the hospital and given breathing treatments and felt a lot better.
But, I can see where someone would have thought I was drunk. I couldn't have walked a straight line for the life of me. >>
We do take that into account when we stop someone. An erratic driver may not be drunk, but could be entering a diabetic coma, suffering an asthma attack or allergic reaction. I once stopped what I thought could be a DUI and it turned out the guy was having a reaction to some medication. We're aware of those situations.
12-15-2001, 10:00 PM
I have been accused of being "drunk on my ***" because of not being able to speak properly. It's really a bummer. I have also been accuesed of being a retard for not being able to speak properly. Thank goodness I learned to type! :D
12-15-2001, 10:20 PM
Didn't know that, bummer. :(
12-15-2001, 11:33 PM
Originally posted by txinvestigator1:
Didn't know that, bummer. :(</STRONG>
I know, it sucks. I once had a guy blow an .04 after getting two on gaze (the only test he passed) and utterly failing the walk and turn and one leg stand. He fell down several times in both. I pulled him over for a license plate violation so I couldn't even write innatentive. I didn't let him drive though, he was way too messed up.
12-16-2001, 05:07 AM
I know Idaho has a DRE unit....did anyone check to see if he was under the influence of drugs?? I'd be willing to bet he was....it just takes a little extra checking!
12-16-2001, 01:23 PM
In Canada, under the Criminal Code, there is Impaired (by alcohol or drug (over-the-counter, prescription or illegal, doesn't matter)) or Blood-Alcohol Concentration Exceeding 80 mg% (80 mg alcohol per 100 ml blood), whether you are driving/operating or in care-and-control of, either a land motor vehicle, water vessel or airplane.
If you have the physical (slurred speech, eyes dilated and unfocusing, staggering gait, vomitus, unkempt clothing, smell of alcoholic beverage) and driving (too fast/slow, weaving, no lights when required, etc), you can arrest and DEMAND that they submit suitable breath samples for analysis (Breathalyzer Model 900 or 900A or Intoxilzyer 5000 are the main Approved Instruments).
Even if their BAC < 80mg%, with sufficient physical and driving evidence, you can convict for Impaired. We sometimes lay both in case the argument goes that they were too drunk to understand the demand. The suspect does have the right to contact a lawyer prior to the Breathalyzer/Intoxilyzer tests.
If we can only detect an odour of alcoholic beverage on their breath, without any other physical or driving evidence, OR if we have information that the suspect was drinking, we can DEMAND that the driver submit suitable breath samples into an Approved Screening Device (Alcometer SL-2 or Alcotest 7410). The suspect does NOT have the right to contact a lawyer first.
If the driver/operator/care-and-control subject can NOT submit breath samples (weak lungs, facial injuries, being held in hospital) we can DEMAND that they supply blood samples. If they are unconscious we can apply for a search warrant. Taking of the blood samples is done by a doctor, or under supervision of a doctor by a nurse, only if the doctor agrees that the person will not suffer further harm.
A doctor can NOT be charged if they do NOT consent to the blood sampling. A suspect CAN be charged for Refusal to submit to breath samples to either the Approved Screening Device or Approved Instrument or submit to blood samples.
12-17-2001, 03:09 PM
I know from my own drinking experiences that I can be a .08 (legal limit) after six morgan/cokes. An hour later with no more drinks, I would be half that. I decrease very rapidly. Im not sure why. But, I have been monitored twice now under testing conditions and decreased rapidly. One coworker of my husbands said I am the kind of person that needs to keep a good pace of drinking just to get drunk.
The problem that my husband keeps seeing though concerning when to charge for DWI is...when someone is very close to the .08, the cty attorney keep throwing them out. It must get very frusterating for these men/woman out there.
12-22-2001, 07:28 PM
From MADD's website at: http://www.madd.org/stats/0,1056,1767,00.html
While there is no "safe" amount of alcohol for d rivers, most people can drink moderately and drive legally when the illegal per se limit is set at .08. A 170-pound male typically would have to consume more than four drinks in one hour on an empty stomach to reach a BAC of .08. A 137-pound femal typically would have to consume three drinks in the same time frame. (NHTSA)
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