Drinking and Driving, a Quick Question

[CXR89]

So someone mentioned to me that if I drink and drive and I an below the legal limit, I can still get a DUI or a DWI, which I thought was the same. Any how, I know that you can still get booked even if you are under the legal limit if the officer believes that you are still not capable of driving your vehicle safely. So ultimately, my question is if I have a few beers, blow a .05 and pass all my sovriety tests, can I still get in trouble under the law? Thanks

[rgray]

First, I assume you are over 21. As long as the officer cannot show you are impaired, you are correct. That would include any driving observations. However, alcohol impairs judgement and thought processes so you are rolling the dice if you choose to follow your example. If you are going to drink, get a DD. <stepping off soap box>.

[TKM]

Impaired is impaired.

You shouldn't fool around with this ride at all.

What your lawyer says (or some guy on youtube says) will not change your very very bad night.

You might win round two or three, but the cops always win round one. They have been known to bring friends.

[IrishJoe3]

If I conduct field sobriety tests on someone that displays signs of alcohol/drug impairment that, in my trained opinion, would hinder their ability to safely drive a motor vehicle, then they will be arrested per section 23152(a) VC regardless of the actual blood alcohol content, (BAC). This section does not require any supporting BAC. If they are over .08 BAC, then they will also get charged with section 23152(b) VC; operating a motor vehicle with a BAC over .08 (at which point a person is presumably impaired enough that they are unable to operate a motor vehicle safely).

Having said that, most of the time I do field sobriety tests on someone and they end up being less than .08, I don't see enough signs/symptoms of impairment for me to form the opinion that they are so impaired that they could not safely operate a vehicle. Occasionally though, I do, and they go for a ride to county for DUI even though they are under the .08 level.

What about impairment not involving alcohol? That dude sucking on a bong in the #1 lane of the freeway? The women who decided to drive to the mall after taking prescription drugs labeled "do not operate heavy machinery"? All that fits under 23152(a) VC.

It sounds cliche, but if you drink, designate. (And "Designated Driver" does not mean the person who drank the least). Nothing makes me happier to pull a car over full of drunks with a stone sober driver behind the wheel.

[todd2968]

Best to not drive even if you drink one beer with dinner.

[nrakid88]

Since this is related, I will semi-thread jack.

Who here has given a DUI to someone on a bicycle? I routinely ride my bicycle home after a night out because I don't want to kill someone and am too cheap for a cab (not to mention I hate waiting 40 minutes for a ride).

seems dumb that I can get a DUI, just like idiots that don't remember they drove home.

[Canucky]

To the OP What is it worth to you? Few drinks ? should be alright to drive? It is a slipper slope. Regardless what you blow, and test, chances are your going to the station to be processed. Be well young grasshopper.

[BigDogatPlay]

What people often don't get is that there are really two potentials....

** Driving with a BAC .08 or above,
** Driving while impaired.

OP, if you feel comfortable taking the risk then go out and drive with a .05 and see what happens. A very good friend of mine is an expert witness in DUI who could potentially articulate you right into jail for impaired even with a low blow. He's arrested hundreds in his career. His rationale, so he tells me, is that he likes to go after low blows because they are just impaired enough to lose their inhibition, drive stupidly and really hurt someone when someone with a higher BAC will be extra careful because they know they are gassed.

You run into my friend, or the average CHP guy with a few years on and you could be taking a ride. For myself, I was never as solid as my friend at DUI enforcement, but impaired is impaired and if I can articulate it well enough, then a jury is going to hear it. That would mean no fun for you.

[IrishJoe3]

Since this is related, I will semi-thread jack.

Who here has given a DUI to someone on a bicycle? I routinely ride my bicycle home after a night out because I don't want to kill someone and am too cheap for a cab (not to mention I hate waiting 40 minutes for a ride).

Not me but seen it done.

seems dumb that I can get a DUI, just like idiots that don't remember they drove home.

Maybe, till you see your first drunk bike rider splattered across the road because they swerved in front of a car, then it doesnt seem so dumb

[Canucky]

Since this is related, I will semi-thread jack.

Who here has given a DUI to someone on a bicycle? I routinely ride my bicycle home after a night out because I don't want to kill someone and am too cheap for a cab (not to mention I hate waiting 40 minutes for a ride).

seems dumb that I can get a DUI, just like idiots that don't remember they drove home.

That is because cyclists can and do share the road with cars. A friend visited me today, attended a funeral last week. This guy was last seen leaving a bar, on a bicycle.RIP

http://www.chicoer.com/news/ci_18762329

[CXR89]

I am not the son of a cop. Only reason I ask is because the toher night, I was at a friends house from 10 till 3 that night and I had two beers. Someone though mentioned what i said in the OP, so I questioned it on here. Most of the times when Im out usually about two hours or more, Ill have one beers and stop, no more. So thats why I asked on this board. So can I really get in trouble having a beer or two (no more than two) within a long timespan (assuming I pass field tests which I doubt will be affected by two beers with in that timespan)? And yes im over 21 (22 actually)

[IrishJoe3]

OP, here you go. This is handy.

Instructions:

1.Count the number of drinks you have had (one drink equals 1 oz. of 100 proof liquor, 12 oz. beer, or 5 oz. of wine)
2.The chart determines the maximum blood alcohol for the number of drinks and your body weight. (This is the maximum Blood Alcohol Content (BAC) you would have if you drank all the alcohol in 1 hour)
3.Subtract from the percent blood alcohol content the amount of alcohol eliminated since the time of the first drink, using the average elimination rate of 0.015% per hour.

[TRICKSTER]

Since this is related, I will semi-thread jack.

Who here has given a DUI to someone on a bicycle? I routinely ride my bicycle home after a night out because I don't want to kill someone and am too cheap for a cab (not to mention I hate waiting 40 minutes for a ride).

seems dumb that I can get a DUI, just like idiots that don't remember they drove home.

I have and what is dumb is riding a bike drunk on the roadway shared with cars. One guy swerved right out in front of my patrol car while I was driving down the street and then took off when I tried to stop him. Stupid fool couldn't even get more than a block without falling off his bike. He's lucky he didn't get killed or cause an accident that killed someone else.

[fullrearview]

OP... Not saying this is just you, but in general....

WTF is so hard about getting a DD or a cab???

[Ron-Solo]

Since this is related, I will semi-thread jack.

Who here has given a DUI to someone on a bicycle? I routinely ride my bicycle home after a night out because I don't want to kill someone and am too cheap for a cab (not to mention I hate waiting 40 minutes for a ride).

seems dumb that I can get a DUI, just like idiots that don't remember they drove home.

Many times..... I used to work an area that was filled with late night pedal gnomes. I handled many accidents where an impaired bicyclist cause an accident because people were trying to avoid turning them into hood ornaments.

Riding a bicycle while impaired gets you the short form application for a Darwin Award.