Anyone Ever Beat A DUI?

[Flying Tiger]

We were sitting at the coffeeshop in a Hellhole called Buttonwillow and 2 CHP were eating at the table next to us along the windows facing the road / shallow pkg lot.
A guy in seedy Caddy that looked like someone took a can opener to it drove across the road into the lot, overshot the parking space and ran over the concrete bumper. He was the resident owner of the Motel across the street we later learned. Didn't want to walk the 25 yards to the bar.
The CHP got up, went out to the parking lot,, went through the routine and hooked the guy up for DUI.
The guy knew the CHiP's & was saying he was going to fight it.
Alice asked me not to get a DUI,, "It'll kill us" she said. I've stayed true to that promise.
Titty bars, 'Vegas, a new Warlock,, anything I want,, but don't drink and drive she's asked.
We talked about what it must be like fighting a DUI : The expense, and if ya loose it then you're really out some lettuce.
Anyone ever go the distance and win a DUI case ??

[DAVEO]

In this time there is a slight chance in hell to beat a dui. I have not heard of anyone that did.

[Racer277]

We were sitting at the coffeeshop in a Hellhole called Buttonwillow
Next time, eat at the racetrack. They have a nice clean coffee shop.

[BIGJOEDUCKSLAYER]

A friend of mine beat dui. He was a little drunk, got stopped and passed all field tests flying colors. The leo new he was drunk so arrested any ways.They took blood sample it was .09 dui time. He went to court and argued that he had passed field tests so they should have let him go on his way.The judge agreed too,no probable cause to arrest so blood sample was not aloud, No dui hehehehehe. only person I know of that got off :crossx:
BIG JOE
Time flys when your having rum :crossx: :skull: :crossx:

[yeehaw]

Don't do any of the field sobriety tests and don't admit anything. Keep your mouth shut. Go to jail quietly and be polite. Hopefully when they take your blood your not totally smashed. If your a .1 or so just claim in court you started drinking 45 minutes or so before you got pulled over. If the state doesn't offer a plea go to court with your own lawyer. Their expert witness will tell the court that at the time you were driving you weren't over the legal limit. If you didn't do the field test, they won't have any evidence as to whether or not you were impaired to the slightest degree. Pay your lawyer $4k-$6k and go home. OR just don't drink and drive :)

[YeLLowBoaT]

I had a friend beat one... he was pulled over by a "back woods" sherif... long story short is the reason he was pulled over was illegal... It is very, very hard to beat a dui. About the only way you can get out of it is prove that your rights were violated.
Edit: it should be noted that he Paid the lawyer like 10k....

[sleekvino]

My "X" boss :argue: got off ,heres what did it, he chews copenhagen :skull: and he empty his lip :yuk: and blew in the dreaded white tube right after he spit the dip out,by law they "cops" must clear your mouth from anything 15 min prior to the test.His lawer was from the Danville CA and it cost about 7gs :cry: to get him off but its worth it :) .

[Ziggy]

Next time, eat at the racetrack. They have a nice clean coffee shop.
My salesmanager was just up there a couple weeks ago racing his vintage cars....He selling the Cooper and keeping his very rare LeGrand. Sold his Bugeye a few months back.

[TRUMP TIGHT]

Dont ever take a dui! Most of the time you can get it down to reckless driving.

[BIG TIME]

Dont ever take a dui! Most of the time you can get it down to reckless driving.
i know of 2 situations that worked with reckless driving.....but it was barely a dui,if your smashed your going in..

[Den Isle]

#1 Do not drink and drive, too obvious, I know
#2 Do not do the road side gymnastics.
Be polite, show ID, Insurance, Etc.. admit to nothing, keep your mouth shut.
NO! blow test, blood test, anything, get a lawyer. Self incrimination.
"one phone call" is Hollywood bullshit, contact as many people who can help as possible.
The DUI laws in this country are driven by insurance and revenue.
It sucks to get busted, make the best of a bad situation. :crossx:

[skygod73]

Not trying to be a d!ck, but the DUI laws are also driven by too many innocent families getting killed from drunk a$$holes getting behind the wheel.

[DILLIGAF]

Dont ever take a dui! Most of the time you can get it down to reckless driving.
Better idea...DOn't drink and drive :) For some the risks are preety severe as far as consequences

[DRMCAT]

Don't do any of the field sobriety tests and don't admit anything. Keep your mouth shut. Go to jail quietly and be polite. Hopefully when they take your blood your not totally smashed. If your a .1 or so just claim in court you started drinking 45 minutes or so before you got pulled over. If the state doesn't offer a plea go to court with your own lawyer. Their expert witness will tell the court that at the time you were driving you weren't over the legal limit. If you didn't do the field test, they won't have any evidence as to whether or not you were impaired to the slightest degree. Pay your lawyer $4k-$6k and go home. OR just don't drink and drive :)
Dissipation and/or onset of alcohol intoxication will kill this attempt. Good thinking though. Just don't drink and drive is a much better option. That way you don't have to worry if you get stopped. Sign the ticket and be on you way. Thanks Officer, have a good night.

[Kilrtoy]

I knew I should have taken a pic of the F150 that was deuce deuce and hit the K-rail flipped over and landed ontop of an oncoming BMW X5 and killed both the driver and passenger of the F150. Luckily the innocent victim lived this time, but severely hurt.

[Kilrtoy]

What are those attroneys in LA that claim they can beat DUI's
Call and ask them if they beat there OWN DUI's

[jimslade]

DON'T DRINK AND DRIVE!!!!!!!!!!!!!! If you hit my family. the last thing you will have to worry about is the judge.Jail will be your only protection.

[Flying Tiger]

My insurance agent said a reckless driving is worse on the driving record than DUI.
They assume it's either a result of a DUI or racing, and a speed contest is even worse penalties than a DUI according to BC.
A DUI is easily preventable.
Now racing: I just had to beat a new (mitsu) itchypussy over Glendale bl last week. The driver just wouldn't take no for an answer.

[91nordic29]

I knew I should have taken a pic of the F150 that was deuce deuce and hit the K-rail flipped over and landed ontop of an oncoming BMW X5 and killed both the driver and passenger of the F150. Luckily the innocent victim lived this time, but severely hurt.
what is deuce deuce? .22?

[a catered life]

yo buddy i havent got one to beat it but i have got home and asked my self "how the hell did i do that" :p

[JetBoatRich]

yo buddy i havent got one to beat it but i have got home and asked my self "how the hell did i do that" :p
not a good feeling :cool: I just let Little Richie drive :rolleyes:

[Rock-A-Bye-Baby]

What are those attroneys in LA that claim they can beat DUI's
Call and ask them if they beat there OWN DUI's
I believe that is Miles L Berman. Friends don't let friends plead GUILTY.
i think i've heard that ad a few too many times.... :crossx:
oh yeah, just DONT DRINK AND DRIVE. its tough sometimes and i am as guilty as anyone who can go out, have a few, and think that i am OK to drive. the fact is i am not.

[Cole Trickle]

I beat one on the river about 4 years ago.
Pulled over leaving Sundance well past 12am.They sat in the dark and pulled us over for a routine safety inspection.We were doing great until we couldn't come up with the throwable device.
I was invited on board and given both the breathalizer test and the field sobriety test. I had only had a couple beers in the last 5-6 hours and ended up blowing a .06 (Legal) they then railroaded me into performing the field sobriety test(I don't remember being asked if I wanted to take it and I wasn't smart enough to decline)
The test was performed on a rocking boat with wind.I got into a slight argument with the officer when they had me do the count to 50 test and he started and stopped the watch 2X during the test.(Sadly this test is super biased and come to find out flunked by 80% of sober people that take it)
They then put me in hand cuffs and said they were taking me in on suspition of BUI and advised that I needed to blow into a bigger calibrated machine.We then went to the docking station (2AM and I am wearing board shorts/flipflops a orange life vest and 40lbs of beeds:D) they then proceeded to tell me that they could not find a mouth peice for the machine on the biggest weekend of the year so we needed to drive into Parker Police station.
O.K. whatever
I helped them back there patrol boat into the garage as they almost crashed it into the wall 2-3 times.
We then get to parker and they have me blow into the machine.I blow a .04 and you could tell they were a little pissed because they thought my BAL would climb vs drop.The male officer said well I guess he is OK and we should let him go? The Bull Dike offocer said negative and wrote me up for reckless driving and BUI.
They then drove me back to the dock and pushed me off in my boat 30 minutes after they just wrote me up for BUI????
Before I started the motor I asked them where I should have my Lawyer call on monday to straighten this out and they replied it won't matter.
After waiting 2 weeks for the 3 page police report to be completed we got to read a story that was no where near the truth.It was reported that we were traveling in excess of 70mph and the boat jumped completely out of the water and we all yelled oh Shty it's the cops.(The boat is a 84 Cole Jet with a stock 454 and the water was calm)
My dad was in the boat when this all happend and was appauled that they charged me and wrote what they did on the report.
My attorney got the DA on the phone and after just a couple of phone calls and pointing out where they had flaws in there story thay dropped all charges.(We told them we would go all the way with this trial,expert witnesses,etc...)
It cost me around 4K to get out of something that never should have been there in the first place but you have to do what you have to do.
Like mentioned above never submitt for a field sobriety test!!!!

[Sleek-Jet]

I was invited on board and given both the breathalizer test and the field sobriety test. I had only had a couple beers in the last 5-6 hours and ended up blowing a .06 (Legal) they then railroaded me into performing the field sobriety test(I don't remember being asked if I wanted to take it and I wasn't smart enough to decline)
The test was performed on a rocking boat with wind.I got into a slight argument with the officer when they had me do the count to 50 test and he started and stopped the watch 2X during the test.(Sadly this test is super biased and come to find out flunked by 80% of sober people that take it)
What's the "count to 50" test???

[Cole Trickle]

What's the "count to 50" test???
You close your eyes and count to 50. They measure your time against a clock.(I guess it makes sence since time seems to fly when your drunk and having a good time)
I thought it was a race and I finished way before he did!!!;) :crossx:

[BADBLOWN572]

I know that in O.C. there are several activist groups that watch what is going on. I know that M.A.D.D. watches the cases very closely. They are the biggest critics of what is going on with alcohol related offences. Some of the district attorneys are afraid to let a defendant off even though they know it is a bogus deal because of the backlash from these groups. One DA says that the most that they can do is to reduce it from a DUI down to a wet (alcohol related) reckless.
The best thing to do, if pulled over in AZ is to refuse everything. Do not do a field sobriety test, do not give breath or blood. In AZ you can refuse EVERYTHING. I know a couple of people who have done this and won. It was a $750.00 fine and they were off. CA is not the same. You are required to submit to an alcohol test if requested. If get pulled over, DO NOT give a field sobriety test. The officer might give attitude about it, but you can just say that it is your right. Be nice and let them take you into the station. If you are boarder line (+-.02) you stand a chance to get off. If you are at .10 you can say that you did a shot right before you go into the car. At the time of driving, you were below .08. If you are below the legal limit, the officers might still nail you and say that you were on the way down. At that point in time, it is their responsibility to proove it in court. After all, since you didn't do the field sobriety test, they have nothing to base your ability off of when you exited the car. It will definitely cost you a couple of grand, but a lot less than having a DUI stick.

[John.]

Just don't drive too much and drive. I know it's been said previously and is pretty dang obvious.
In California, if you take the advice previously listed on this board to refuse the blood or blow tests they will take your license, get a court order to take your blood and do it anyways. so, refusing will just tick the cops off more. If you're under the limit and you've gone through this process, you'll still lose your license. Refusing the field sobriety test doesn't do much for you either. It's a guarantee that you're getting cuffed and sent to the jail for further tests. Plus, you can still pass and go to jail. If the cop still suspects that you're too drunk to drive and can explain their case in court...they are still going to win if you were over the limit.
I say just cooperate and take your lumps for being a dumbass.

[CBadDad]

Just don't drive too much and drive. I know it's been said previously and is pretty dang obvious.
In California, if you take the advice previously listed on this board to refuse the blood or blow tests they will take your license, get a court order to take your blood and do it anyways. so, refusing will just tick the cops off more. If you're under the limit and you've gone through this process, you'll still lose your license. Refusing the field sobriety test doesn't do much for you either. It's a guarantee that you're getting cuffed and sent to the jail for further tests. Plus, you can still pass and go to jail. If the cop still suspects that you're too drunk to drive and can explain their case in court...they are still going to win if you were over the limit.
I say just cooperate and take your lumps for being a dumbass.
I agree with ALMOST everything you said, except for the part about doing the field sobriety test. It is totally subjuctive and once it becomes a game of cat and mouse with the cops, they ain't gonna document anything in your favor.
I got stopped at a DUI checkpoint around 10p on a Friday night. I admitted to having four Jack & Cokes before, during and after dinner (I didn't tell him they were doubles :220v: ). I respectfully refused to do the Field Sobriety Test (FST), but did offer to "blow". I didn't feel drunk, but figured I was going to jail because I chose the wrong way home. After having me exit my car, the cop tried all kinds of double talk to get me to change my story and actually still tried to get me to do the FST. I just told him flat out that I wasn't trying to be a jerk, just that I was told to never do it and that I'll blow. He took my drivers license and gave it to someone else (to run a check on it I suppose) and then had me blow in the breathalizer. I took one big "cleansing breath" (I doubt that changed anything) and then blew into the breathalizer. It read .042 and the cop just looked at me and then said alright, all I can tell is that you've been drinking and to be careful driving home. I'm sure they heard me screaming a mile away!!! :rollside:
Who knows how it would have played out if I would've "failed" the FST. I wasn't drunk and have not driven home many times when I was too drunk to drive, but that is a fine line. Be careful, no one wants to hurt innicent people.

[a catered life]

not a good feeling :cool: I just let Little Richie drive :rolleyes:
if he's out pimping some chicks at 2 in the morning i need to hook up with him :p

[Jordy]

In AZ you can refuse EVERYTHING.
Nope. You can refuse the FST's but are required based on "implied consent" of having and signing your drivers license to submit to blood or breath tests. Refuse and they'll take your license for a year, then get an order from a judge to draw your blood and then you get a DUI and don't have your license for a year on top of it.
Easiest way to get out of one is not to put yourself in the situation to get one in the first place. ;)

[Cole Trickle]

Easiest way to get out of one is not to put yourself in the situation to get one in the first place. ;)
I agree that's why I gave up drinking;) :crossx:

[Boatcop]

I beat one on the river about 4 years ago.
Pulled over leaving Sundance well past 12am.They sat in the dark and pulled us over for a routine safety inspection.We were doing great until we couldn't come up with the throwable device.
I was invited on board and given both the breathalizer test and the field sobriety test. I had only had a couple beers in the last 5-6 hours and ended up blowing a .06 (Legal) they then railroaded me into performing the field sobriety test(I don't remember being asked if I wanted to take it and I wasn't smart enough to decline)
The test was performed on a rocking boat with wind.I got into a slight argument with the officer when they had me do the count to 50 test and he started and stopped the watch 2X during the test.(Sadly this test is super biased and come to find out flunked by 80% of sober people that take it)
They then put me in hand cuffs and said they were taking me in on suspition of BUI and advised that I needed to blow into a bigger calibrated machine.We then went to the docking station (2AM and I am wearing board shorts/flipflops a orange life vest and 40lbs of beeds:D) they then proceeded to tell me that they could not find a mouth peice for the machine on the biggest weekend of the year so we needed to drive into Parker Police station.
O.K. whatever
I helped them back there patrol boat into the garage as they almost crashed it into the wall 2-3 times.
We then get to parker and they have me blow into the machine.I blow a .04 and you could tell they were a little pissed because they thought my BAL would climb vs drop.The male officer said well I guess he is OK and we should let him go? The Bull Dike offocer said negative and wrote me up for reckless driving and BUI.
They then drove me back to the dock and pushed me off in my boat 30 minutes after they just wrote me up for BUI????
Before I started the motor I asked them where I should have my Lawyer call on monday to straighten this out and they replied it won't matter.
After waiting 2 weeks for the 3 page police report to be completed we got to read a story that was no where near the truth.It was reported that we were traveling in excess of 70mph and the boat jumped completely out of the water and we all yelled oh Shty it's the cops.(The boat is a 84 Cole Jet with a stock 454 and the water was calm)
My dad was in the boat when this all happend and was appauled that they charged me and wrote what they did on the report.
My attorney got the DA on the phone and after just a couple of phone calls and pointing out where they had flaws in there story thay dropped all charges.(We told them we would go all the way with this trial,expert witnesses,etc...)
It cost me around 4K to get out of something that never should have been there in the first place but you have to do what you have to do.
Like mentioned above never submitt for a field sobriety test!!!!
Just to note, that this was NOT my Department in this case.
As for the refusal in AZ. There is an Implied Consent for watercraft. By operating the boat in AZ waters, consent is given for testing. As Danny said, the fine is $750.00 for refusal. But with various surcharges, this goes up to around $2,500.00. It makes no difference if you beat the OUI charge. Either you took the test or you didn't.
In most cases we will request a search warrant and take blood. We can do this over the phone in about 5 minutes. And the refusal charge and fines still apply.
A properly administered blood test is rarely, if ever, beaten in court, and is more accurate than breath. Blood tests always read higher than breath tests taken at the same time, since they test the actual blood alcohol content, rather than the alcohol ratio emission from expired breath.
Contrary to popular belief, we would rather make 100 stops and NOT find any drunks, than to make 5 stops and arrest 5 drunks. Everyone says it's all about making "money". Look at the other side of the equation. Defense attorneys charge anywhere from $4,000 to $10,000 to defend DUI/OUI cases to get someone out of a charge that carries a a fine that's fraction of that amount. They say it's the "principle". Yeah right.
No city, county or state would go broke if DUIs/OUIs ceased to exist. On the contrary. Think of how much would be saved in emergency response, accident investigation, medical costs, court time, jail expenses, etc. Not to mention the human suffering and increased insurance costs for all of us.
What is so hard about staying sober when you drive a car or a boat. Most of our boating OUIs have a sober passenger on board anyway. Why weren't they driving in the first place?
Do boaters have that big of a problem that they can't have at least one person stay sober for one day/night over the weekend? Rotate the DD from one day to the next.
DUIs and OUIs are a 100% preventable problem. Stay sober, and you'll have our eternal gratitude.

[Moneypitt]

DUIs and OUIs are a 100% preventable problem. Stay sober, and you'll have our eternal gratitude.
First, Alan, I agree with most of what you said. Where the line starts to bend is where the .08 limit is continuly refered to as "Drunk Driving". It is not. It IS only driving with a .08 or more, period. I know it carries the same fines as an actually drunk driver, but .08 does not mean you are even imparied, only .08 or more. This limit was railroaded into law by support groups like MADD, and politicians afraid of looking like they were soft on DUI. Please don't assume I am pro drunk driving, I am not, but the soft limit of .08 is wrong to carry the same punishment as someone here in Ca. with a .18. (I think Az has different levels of punishment, not Ca.) How many people that can drive sober, (alot can not), are actually a hazard on the roadway at .08? How many .08 arrests are made for no other reason than .08? Was the driver driving too fast, no, too slow, no again, was the tag expired on the car? Maybe, but after the stop that part is usually forgotten, as the stop was just a fishing expedition anyway. So I guess my point is the "drunk" part of a .08 arrest is wrong, please call it what it is, driving with a .08 or more, not imparied, not drunk, not reckless, just .08, and that is against the law and expensive enough without adding the "drunk" part........If the limit was returned to .12, or even .15 as it was 25 years ago then even I would call it "drunk driving", but not at .08.............MP

[77Woodbridge]

DON'T DRINK AND DRIVE!!!!!!!!!!!!!! If you hit my family. the last thing you will have to worry about is the judge.Jail will be your only protection.
It would become my life's mission... :mad:

[John.]

First, Alan, I agree with most of what you said. Where the line starts to bend is where the .08 limit is continuly refered to as "Drunk Driving". It is not. It IS only driving with a .08 or more, period. I know it carries the same fines as an actually drunk driver, but .08 does not mean you are even imparied, only .08 or more. This limit was railroaded into law by support groups like MADD, and politicians afraid of looking like they were soft on DUI. Please don't assume I am pro drunk driving, I am not, but the soft limit of .08 is wrong to carry the same punishment as someone here in Ca. with a .18. (I think Az has different levels of punishment, not Ca.) How many people that can drive sober, (alot can not), are actually a hazard on the roadway at .08? How many .08 arrests are made for no other reason than .08? Was the driver driving too fast, no, too slow, no again, was the tag expired on the car? Maybe, but after the stop that part is usually forgotten, as the stop was just a fishing expedition anyway. So I guess my point is the "drunk" part of a .08 arrest is wrong, please call it what it is, driving with a .08 or more, not imparied, not drunk, not reckless, just .08, and that is against the law and expensive enough without adding the "drunk" part........If the limit was returned to .12, or even .15 as it was 25 years ago then even I would call it "drunk driving", but not at .08.............MP
I disagree. At .08 you ARE impaired. If you're a seasoned drinker and can hold you liquor a little better than others and not have the appearance of being impaired...more power to ya, but you are still impaired. Your motor fuctions and reactionary times will be slower and you are more dangerous to all the sober drivers and boaters out there. That's why your dumbass probably wouldn't pass a field test at .08 anyways. .08 and greater is against the law. Call it whatever you want (impaired, drunk, more sober than your friends)...at that point you should not be out there endangering everyone's lives.
I agree with Alan. either don't drink too much or find someone who hasn't drinken too much to transport you around. We all know that DUI's happen all the time and they happen to good people...but is still your fault for getting one.

[Sleek-Jet]

I think what Moneypitt's trying to get at is that .08 is an arbitrary number, just as .10 was before it. If you're "drunk" at .08, why would you be ok at .079??? As far as I can tell, the .08 BAC was picked out of thin air.
"Enjoy" the .08 part while we can (i.e. the ablility to have a beer or glass of wine at dinner)... I'm sure the clock is ticking to lower it to the same level as the CDL limit on BAC... I believe that is .04???

[Kilrtoy]

Somebody better teach me something then, I guess being an expert means nothing
I CAN FORCIBLE TAKE PEOLES BLOOD AGAINST THEIR WILL.....
I love side bar lawyers

[Boatcop]

The .08% wasn't just grabbed out of thin air. It was the result of data from thousands of vehicle accidents and years of testing people's reaction time, judgment, hand eye coordination, motor skills, etc.
That information proved that a persons ability to operate a vehicle, watercraft, heavy machinery, etc. (things that require divided attention, that is the ability to do 2 or more things at the same time, such as operate a steering wheel, brake, accelerator, throttle, etc.) is substantially impaired at the .08% BAC level.
Notice I say SUBSTANTIALLY impaired. That's because some impairment begins at .02% -.03%. If you notice, the law presumes that a PROFESSIONAL vehicle or boat driver, ie commercial status, and any airplane pilot is impaired at .04%. But for amateurs it's .08%. Don't blame MADD for the .08%. Blame the liquor industry lobbyists for it not being .04% for everyone.
I'll ask this again, for those who haven't seen it the dozen or so times I've asked it before.
Would you get into an airplane with a pilot that was ONLY .08% BAC?
Would you go to work if your BAC was only .08%?
After all, if .08% isn't impaired, what's arong with your baby sitter watching your kids at that level. Or your tax man, stock broker, or anything else important in life.
The average person will be at .08% after 2-3 drinks in an hour. That means, if some of your logic is correct, that you feel it's OK for the person who's watching your babys for 4 hours to drink up to a six pack and 1/2 of beer during that time (allowing for the .015% per hour metabolization rate). After all. It's ONLY .08.
What makes driving a car or a boat any different?

[Moneypitt]

I believe the law states, (and I'm no lawyer), that .08 is against the law regardless of motor skills impairment. You do not have to fail a FST, nor do you have to be operating eractly. My point is the "drunk" part. .08 IS against the law and you do not have to be Drunk or impared to be guilty.
To the people that are stating what they would do if a drunk driver hit their family I ask, what if the person was SOBER and messing with their radio, or on a cell phone, or just plain and simply couldn't drive SOBER, are you still going to take the law into your own hands and seek your vengence against the party involved in the "accident"? Thats what its called UNLESS the driver has had ANYTHING to drink. Then, and mostly only then, is it called anything other than an "accident". If one person is injured, or worse, by a .08 driver, it is one too many. I remember an old statistic about 43% of the deaths on our highways are caused by drunk drivers. That could also mean that 43% of deaths have a drunk driver involved, maybe the "drunk" was at fault, maybe not. Based on those loose numbers, what are we going to do about the 57% of deaths caused by SOBER drivers, that just can't drive?.......................MP

[Moneypitt]

[QUOTE=UltraJohn]I disagree. At .08 you ARE impaired. That's why your dumbass probably wouldn't pass a field test at .08 anyways. .08 and greater is against the law.
You don't know me, do you? I'm a dumb ass for saying what you're saying? That .08 IS against the law. AND the law doesn't state that you have to be impaired, just .08 or more, right? MY DUMB ASS is smart enough to refuse to do any roadside gymastics to be used against me later. My DUMB ASS is also smart enough NOT to put myself in that position in the first place. AND MY DUMB ASS has enough respect for others not to resort to name calling, especially towards people I don't know............Ray

[voodoomedman]

I believe the law states, (and I'm no lawyer), that .08 is against the law regardless of motor skills impairment. You do not have to fail a FST, nor do you have to be operating eractly. My point is the "drunk" part. .08 IS against the law and you do not have to be Drunk or impared to be guilty.
To the people that are stating what they would do if a drunk driver hit their family I ask, what if the person was SOBER and messing with their radio, or on a cell phone, or just plain and simply couldn't drive SOBER, are you still going to take the law into your own hands and seek your vengence against the party involved in the "accident"? Thats what its called UNLESS the driver has had ANYTHING to drink. Then, and mostly only then, is it called anything other than an "accident". If one person is injured, or worse, by a .08 driver, it is one too many. I remember an old statistic about 43% of the deaths on our highways are caused by drunk drivers. That could also mean that 43% of deaths have a drunk driver involved, maybe the "drunk" was at fault, maybe not. Based on those loose numbers, what are we going to do about the 57% of deaths caused by SOBER drivers, that just can't drive?.......................MP
Drinking is a controllable plain and simple. No you shouldn't be talking on a phone without a hands free device while driving either. I'm sure the 57% of non alcohol related deaths is not one big blanket thing but broken into many different reasons. It's easy to see that no matter what number you put on it the roads and waterways would be a hell of a lot safer if people didn't drive while drinking. It's easy for me to see that if some 18 year old punk didn't decide to get drunk and drive last Saturday night not only would he still have his life but my brother would not have had to have surgery to have his jaw wired shut today for a broken jaw and he wouldn't have a broken arm and a concussion and his eye swollen shut. Say what you want .08 or drunk or whatever. The law I'm sure is written the way it is because people put spin on things exactly the way you are saying it. If it just said drunk in the books and not .08 lawyers would have freaking field days if people got arrested for drunk driving.

[Sleek-Jet]

... and any airplane pilot is impaired at .04%....
Would you get into an airplane with a pilot that was ONLY .08% BAC?
Just to clarify something. A pilot, while not acting as pilot in command or as part of a crew, is subject to the .08 rule. In other words, Joe Pilot is just like everyone else out on his day off.
The Fedral Aviation Regulations have no BAC limit stated in them. Meaning any alcohol in the bloodstream is against the rules while he or she is exersizing the privileges of his/her pilot rating. None, nada, not even what little booze in cough medicine allowed. And that's for any pilot, regardless if they do it for a living or not. It's been that way for a loooooong time.
Why is that??? Because you won't get away with it, not for long anyways. And the penalty isn't a night in the drunk tank and a couple thousand in fines to the court, rather, it's the big river trip in the sky. Pilots that drink and fly, die. Period.
But, just like the CDL drivers, any conviction for DUI or OUI disqualifies a pilot for a medical (and you have to have a valid medical exam to act as pilot in command), meaning that they wouldn't be able to fly legally for a period of years.
My applogies on the my stating the .08 being arbitrary, I was under the impression that it was.

[HOSS]

5 first offenses,,,2 knocked down to careless op,,,3 washed under the rug,,,,never been in a wreck,,,2 speeding tickets my entire life (38 now),,,run my record and it shows a dwi in 99,,,,trying once more next week for expungement

[Three Days Only]

Just to clarify something. A pilot, while not acting as pilot in command or as part of a crew, is subject to the .08 rule. In other words, Joe Pilot is just like everyone else out on his day off.
The Fedral Aviation Regulations have no BAC limit stated in them. Meaning any alcohol in the bloodstream is against the rules while he or she is exersizing the privileges of his/her pilot rating. None, nada, not even what little booze in cough medicine allowed. And that's for any pilot, regardless if they do it for a living or not. It's been that way for a loooooong time.
Close but not exactly...................
No alcohol or anything within eight hours of flight, but .04 or lower is exceptable as long as there has been no consumption within 8 hours. Dont get me wrong, acting as PIC with a hangover is as worse as flying with alcohol in your system IMO. Impairment starts as early as .025 and for that reason drinking at all while driving, flying, anything is stupid. I admit to be being pretty impaired while boating, just never got caught (luckily). My days of drinking and driving anything are over!!!! Shit happens to people you know and your mind change is quick and abrupt.
But FAR 91.17 states:
http://www.***boat.com/image_center/data/500/985FAR91_17.JPG

['78 gt boat]

Long story short. Had my last drink at 1:50am at the bar. Got pulled over at 2:45am for 75 in a 65. Was askd if I had anything to drink and I said yes. Did FST and passed with flying colors. Blew into the machine and was cuffed. Never told what I blew. Got to jail at 3:45am due to other people being pulled over by CHP on th way to jail. Blew into the machine and blew .07. Was booked and held foe 5 hours. Called a DUI attorney the following Monday and paid $2500 to be represented. Lawyer send a letter to the DA saying itwas a BS DUI and never had to appear in court and no speeding ticket. It was a wake-up call for me an if I'm driving now I don't even have 1 drink. I'm not gonna mess with that anymore :crossx: :crossx: :crossx:

[Cole Trickle]

Just to note, that this was NOT my Department in this case.
Parker police have always been nothing but courteous and polite.(Part of the reason I stay/live there)
The 2 officers that pulled me over were fish and game I believe?
We noticed there wasn't alot of police boats out on the water this weekend?(I think we saw one all weekend)
The crowds seemed pretty mellow and controlled :)

[teamaquaholicks]

My "X" boss :argue: got off ,heres what did it, he chews copenhagen :skull: and he empty his lip :yuk: and blew in the dreaded white tube right after he spit the dip out,by law they "cops" must clear your mouth from anything 15 min prior to the test.His lawer was from the Danville CA and it cost about 7gs :cry: to get him off but its worth it :) .
dont' listen to this.
no offense but i'm in the law enforcement field, and that story is hard to believe.
don't ever admit to anything. don't think because you tell the cops "yeah i only had a couple" they are going to let you off. you just admitted to drinking and driving. even if you are shit faced drunk, deny, make the police decide whether you are drunk or not.
as for the breath test. this is the least accurate test there is. if you wait, by the time you get to the hospital or station and they decide to take your blood, you will at your high point of being drunk and it will be as accurate as almost 99.9 percent.
all the stories of put a penny in your mouth, chew, etc., none are true. just good stories drunks like to tell. it these tests were so easily beat, then every one would be doing it.
just be safe out there

[Boatcop]

Parker police have always been nothing but courteous and polite.(Part of the reason I stay/live there)
The 2 officers that pulled me over were fish and game I believe?
We noticed there wasn't a lot of police boats out on the water this weekend?(I think we saw one all weekend)
The crowds seemed pretty mellow and controlled :)
Just a correction, Parker Police don't patrol the River. We, (La Paz SO) are the most visible, and are out nearly every day.
If you didn't see a lot of LE out there, then I'll bet you spent most of your time at the lower end. We had two boats out. Game and Fish had one. San Bernardino was out there, too.
We and AZGFD pretty much stay off of Res. waters (South of Riverland), leaving that up to CRIT to patrol (or not patrol).
Crowds were pretty well behaved. We took 9 drunk boaters and 35 or so drunk drivers out of harms way over the weekend. But the best stat is that except for some self inflicted injuries, there were no major acidents and no boating or vehicle related deaths.

[Cole Trickle]

Crowds were pretty well behaved. We took 9 drunk boaters and 35 or so drunk drivers out of harms way over the weekend. But the best stat is that except for some self inflicted injuries, there were no major acidents and no boating or vehicle related deaths.
That is good news.
We spent Saturday at the Upper Sandbar and Sunday at the lower.
Alot of Fun both days with zero drama.
The water was a little rough Sunday around 4-6 :220v:
Do you guys pop as many drunk sea doo riders as boat drivers for OUI?

[dropt98chevy]

Personally I think you shouldn't be able to fight a DUI under any circumstance. I was hit by a drunk driver in 2001 and my bestfriend who was 17 at the time was killed. The drunk that ran the red light and killed my best friend on spent 11 days in jail.

[Boatcop]

Do you guys pop as many drunk sea doo riders as boat drivers for OUI?
Day time about 50/50.
Most of the OUIs we get are at night.

[teamaquaholicks]

Personally I think you shouldn't be able to fight a DUI under any circumstance. I was hit by a drunk driver in 2001 and my bestfriend who was 17 at the time was killed. The drunk that ran the red light and killed my best friend on spent 11 days in jail.
i agree in fact, the best way to beat it is to not do it. i just lost two very good friends who were killed by their best friend while they were all drinking and driving. it's very hard to barry some one you care for and was only 21. i work with the boys parents and let me tell you ,it can ruin lives.
be safe out there on the water and on the road.

[Sleek-Jet]

Close but not exactly...................
No alcohol or anything within eight hours of flight, but .04 or lower is exceptable as long as there has been no consumption within 8 hours. Dont get me wrong, acting as PIC with a hangover is as worse as flying with alcohol in your system IMO. Impairment starts as early as .025 and for that reason drinking at all while driving, flying, anything is stupid. I admit to be being pretty impaired while boating, just never got caught (luckily). My days of drinking and driving anything are over!!!! Shit happens to people you know and your mind change is quick and abrupt.
But FAR 91.17 states:
http://www.***boat.com/image_center/data/500/985FAR91_17.JPG
Well, we learn something new everyday... they must have changed it since I had to study for my last oral, the .04 part never used to be in there.

[al cole'holic]

What are those attroneys in LA that claim they can beat DUI's
Call and ask them if they beat there OWN DUI's
..I was smashed at a bar one night and called "DUI Defense Attorney, Miles L. Berman" around 2am just for shits and giggles...they answered the phone! They thought I was gettin pulled over and were coaching me, what to do, what to say, etc...told me to deny all field tests and what to do about retaining their services...he's always on Leykis :)

[Three Days Only]

Well, we learn something new everyday... they must have changed it since I had to study for my last oral, the .04 part never used to be in there.
The point of no alcohol within 8 hours pretty much means 0.00 unless your a total lush.
Jeff

[RiverDave]

Just a correction, Parker Police don't patrol the River. We, (La Paz SO) are the most visible, and are out nearly every day.
If you didn't see a lot of LE out there, then I'll bet you spent most of your time at the lower end. We had two boats out. Game and Fish had one. San Bernardino was out there, too.
We and AZGFD pretty much stay off of Res. waters (South of Riverland), leaving that up to CRIT to patrol (or not patrol).
Crowds were pretty well behaved. We took 9 drunk boaters and 35 or so drunk drivers out of harms way over the weekend. But the best stat is that except for some self inflicted injuries, there were no major acidents and no boating or vehicle related deaths.
I was going to agree with Cole Trickle actually.. I didn't really see a whole lot of Cop presence over this last memorial day as well. Kinda nice actually not to get stopped for a safety inspection every 15 minutes. I spent almost my whole weekend on the mid to upper part of the river? That's not to say I didn't see any cops, I did, I'm just saying compared to some hollidays of that past? I'm not 100% sure, but I think it was Last Laborday that was outta control, there were fish and game boats hiding in the reeds up river waiting for people to come by, and while I was hanging out at the Polynesian shores I saw a group of about 8 - 10 officers hanging out in the dirt across the river with binoculars?? (I still don't know what that was all about but they were there for hours), on top of the usual patrols.. Seemed like heading down river in the evening it almost looked like a dance club with all the blue lights flashing.. LOL
RD

[Flyinbowtie]

Lots of good info here, and, like Kilr, Boatcop and others have pointed out, lotsa wildly wrong TV based info.
A few things to think about for us Ca. types.
.08 is the level established for presumptive intoxication.
If you are .08, you are presumed to be operating under the influence, not drunk, or any other term. Simply under the influence. The presumtion means that the court does not call in to question your impairment at the time the test is taken, although the $300 an hour attorney will usually try to argue the going up and down on an .08 arrest if they think they can squeeze more $ out of a client and maybe confuse a jury.
You can be less than .08, and still be convicted. When I was working patrol made maybe 25-30 of those cases out of the 250-300 I did in 25 years. I worked for a Sheriif's Office, and we didn't work a lot of traffic.
The report the officer writes is critical. If he/she clearly documents his observations of the driving act(s) that demonstrate impairment, and clearly document his observations of the driver once contacted, (, smell of alcoholic beverage on/about person, bloodshot eyes, , fumbling for documents, etc) then the BAC test is simply another piece of evidence, not the fulcrum of the case.
In. Ca, implied consent does require a driver arrested for DUI to submit to chemical test to determine the alcohol content of the blood. If you refuse, DMV does yank your DL. Generally, we don't get go through the paperwork for a forced blood draw unless it involves a felony.
Ya don't have to take the other FST's.
But it is a crapshoot. If you pass them, you might get released.
You don't have to take the PAST device test. It is another FST, and is not a legal BAC test, because it does not retain a sample for court.
But if you take it and are a .03-03, ya might get released.
IMHO, the best chance you have of beating the conviction is about 80% dependent on the skill and experience of the cop doing the arrest. If he is good, and experienced, he has probably written over 500 DUI cases, and has the entire process down to a science.
If you get stopped by that guy, you are in trouble.
If you get stopped by a rookie or somebody who is a habitual corner-cutter, you have a better chance of walking, or getting an offer of a wet reckless.
The good rookies don't make the mistakes often or repeatedly. Scraping up bodies off the pavement, making death notifications to family members, seeing teenagers die in the prime of their lives are all great motivators for improving your ability to reduce the number of folks driving under the influence.
What always struck me was the number of people our agency pulled over who were not even close to the limit. I would venture a wild-ass guess that the average BAC on our stops was probably somewhere around .16-.17, and .23-26 was not uncommon.
The average DUI in our area isn't driving impaired, he/she is driving rip-roarin' drunk. Having people who can't tell you what time it is within 4-5 hours, people who have soiled themselves, people who are on their way home but have passed their house/ going the wrong way, people driving in pitch black darkness with their lights off, people who fall out of the car when the door opens, passed out at a stop sign, that is the kind of stuff ya run into. Pulling a guy over who had a couple of glasses of wine with/after dinner out on the town with his lady is the exception to the rule. The other stuff is the daily-derby out there.

[RiverDave]

Oh and too answer your question..
I'll ask this again, for those who haven't seen it the dozen or so times I've asked it before.
Would you get into an airplane with a pilot that was ONLY .08% BAC?
If the option was getting in the plane and the guy was one hell of a pilot.. Or getting into the same plane with a guy that's never flown before and the pilot saying "well this is how you work the controls.." Well then I'll say "cheers" to the guy sitting on .08, you can get into the other plane with the guy getting instructions on the fly and we'll see which one works out better.
I've asked it a dozen times as well, how can anybody possibly say that it's "safer" for somebody with ZERO or VERY LITTLE experience to be driving a boat on Parker strip, then a "regular" at a .08, .10, .?? Especially after seeing what these people do on rental sea doo's? Newbies in boats? etc.. etc.. Just watching them try to put them on trailers, and dock them is a dangerous situation? I saw a guy not to long ago actually put his boat up ON THE DOCK of Foxes!! LOL..
You know I don't do it anymore, but late at night, I'll take my odds with a guy that knows the river that's been at RoadRunner all night, then a newbie in a newboat coming back from the bluewater sober. I'd especially take my odds if the guy wasn't in any kinda hurry (I never was) and was more then willing to stay off plane all the way home..
Hell I'd be all for raising the drinking limits, and just making the river "off plane" at night! (Notice I didn't say "no wake" you have to make some sort of wake to over come the current, but just draggin some white wash kinda deal)
I'd bet the fatal statistics go down by 1/2 or more on the parker strip and night time fatalities would most likely only be those that didn't obey that one rule..
If people just wouldn't hall ass in dumb situations then people wouldn't die.. That's a fact!! Incidentally those noise laws are going to contribute to late night crashes. :( People like myself that are idling it home used to be able to "listen" (over the music etc..) for boats that were hauling the mail down the river, so we could get out of the way.
RD

[Flyinbowtie]

Oh and too answer your question..
If the option was getting in the plane and the guy was one hell of a pilot.. Or getting into the same plane with a guy that's never flown before and the pilot saying "well this is how you work the controls.." Well then I'll say "cheers" to the guy sitting on .08, you can get into the other plane with the guy getting instructions on the fly and we'll see which one works out better.
I've asked it a dozen times as well, how can anybody possibly say that it's "safer" for somebody with ZERO or VERY LITTLE experience to be driving a boat on Parker strip, then a "regular" at a .08, .10, .?? Especially after seeing what these people do on rental sea doo's? Newbies in boats? etc.. etc.. Just watching them try to put them on trailers, and dock them is a dangerous situation?.....
You know I don't do it anymore, but late at night, I'll take my odds with a guy that knows the river that's been at RoadRunner all night, then a newbie in a newboat coming back from the bluewater sober. I'd especially take my odds if the guy wasn't in any kinda hurry (I never was) and was more then willing to stay off plane all the way home..
If people just wouldn't hall ass in dumb situations then people wouldn't die.. That's a fact!!
RD
No arguement from me on any of that, RD. As long as the pilot is coming down from .08 not going up.
To take it a little further, dumb people are dumb, and do stupid, foolish things all the time because the are, as stated, full-time idiots.
Drunk people are only drunk, when they are, well, drunk.
And, I will tell you that I dealt with a hell of a lot more brain dead people at work than I did drunks. 'Bout 35-40% of the population I dealt with fit into this group.
Now, where we really run into a problem is when we get a certified idiot that also happens to be drunk. THOSE are some of the most DANGEROUS people in the world.

[Chubby4Life]

Personally I think you shouldn't be able to fight a DUI under any circumstance. I was hit by a drunk driver in 2001 and my bestfriend who was 17 at the time was killed. The drunk that ran the red light and killed my best friend on spent 11 days in jail.
Let me get this straight, you made a left in front of him and he's the one who ran a red???? I understand this was/is a pretty sore subject, but what exactly was his BA?
C4L