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  • .05 Law

    I just finished up my training as an Intoximeter operator. During the training, one of the instructors mentioned that it was only a matter of time before the federal government started putting pressure on states to drop the OWI/DUI/DWI standard to .05g/210L. Has anyone heard anything about this? And are there any states where this is the law? I'd be interested to hear about it.
    Caution and worry never accomplished anything.

  • #2
    Colorado has a two tier system. The DUI (or DWI) limit is .08, but we also have a DWAI (drove while ability impaired) statute that sets the limit at .05. All you have to prove for a conviction under DWAI is that the driver's ability was impaired "to the slightest degree." It's an 8-point ticket in Colorado (you get 12 in a year and lose your license)...

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    • #3
      Originally posted by chrispyler
      Colorado has a two tier system. The DUI (or DWI) limit is .08, but we also have a DWAI (drove while ability impaired) statute that sets the limit at .05. All you have to prove for a conviction under DWAI is that the driver's ability was impaired "to the slightest degree." It's an 8-point ticket in Colorado (you get 12 in a year and lose your license)...
      Holly cow....12 in a year...that is crazy....I think after 3 it shows that you are intent on driving while your ability is impaired!!

      As for Virginia and 0.05%.....in VA if your BAC is above 0.05% that can be admitied into evidence along with other factors to obtain a DUI conviction.

      If it is 0.05% or below then there shall be no presumtion that the person was under the influence of alcohol intoxicants at the time of the offense.

      I have enclosed the section from the Code of Virginia:

      Originally posted by Code of Virginia
      § 18.2-269. Presumptions from alcohol or drug content of blood.

      A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii) or (iv) of § 18.2-266, or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:

      (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood or 0.05 grams or less per 210 liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;

      (2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused's breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;


      (3) If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or

      (4) If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.

      B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.

      (Code 1950, § 18.1-57; 1960, c. 358; 1964, c. 240; 1966, c. 636; 1972, c. 757; 1973, c. 459; 1975, cc. 14, 15; 1977, c. 638; 1983, c. 504; 1986, c. 635; 1989, cc. 554, 574, 705; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.)
      Last edited by VSPTAC; 09-03-2006, 09:29 PM.
      You get in life what you have the courage to ask for.

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      • #4
        I think it should be raised to .15 for men and lowered to .05 for women

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        • #5
          Originally posted by VSPTAC
          Holly cow....12 in a year...that is crazy....I think after 3 it shows that you are intent on driving while your ability is impaired!!
          I believe what's meant is that you get 12 points in a year, not 12 convictions. We have the same guidelines here in WI. Althought with us, an OWI (.08 or higher) is a 6-point violation. Of course, we're the only state in the union that doesn't make first offense OWI a criminal offense (simply a traffic forfeiture, no different than a speeding ticket).
          Caution and worry never accomplished anything.

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          • #6
            I can arrest for OMVWI if I can show impairment even if they are under .08 BAC.
            "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
            8541tactical.com - Ammo Wallets

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            • #7
              Originally posted by kirch
              I believe what's meant is that you get 12 points in a year, not 12 convictions. We have the same guidelines here in WI. Althought with us, an OWI (.08 or higher) is a 6-point violation. Of course, we're the only state in the union that doesn't make first offense OWI a criminal offense (simply a traffic forfeiture, no different than a speeding ticket).
              Oh, okay...that sounds better.
              You get in life what you have the courage to ask for.

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              • #8
                Originally posted by Blackdog F4i
                I can arrest for OMVWI if I can show impairment even if they are under .08 BAC.
                I would bet that any LEO can arrest for DUI (or whatever you want to call it) at any level the intoxilyzer shows. It is all in how your articulate the details. Now will it stand up in court?......That is a different subject in itself.
                You get in life what you have the courage to ask for.

                sigpic

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                • #9
                  Originally posted by VSPTAC
                  Now will it stand up in court?......That is a different subject in itself.
                  With our County Prosecutor I would drive myself crazy trying to enforce the law according to what they would take to court. I have to enforce the law according to my idea of what is for the common good. After that, whatever the lawyers do is their party.
                  "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
                  8541tactical.com - Ammo Wallets

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                  • #10
                    In Queensland, we have a lower and an upper limit. Basically the lower limit is equal or exceed 0.05% and the upper limit is equal or exceed 0.15. We do a roadside test with an Alcometer and if this test indicates a positive reading (0.05 or above), the driver gets a trip to the station for a breath analysis. If the analysis returns a positive result, the driver gets a 24hr suspension from driving, a four hour sleep in the watchhouse if 0.15 or above, and then goes to court where he/ she wil receive a court disqualification for driving for a while (depending on the reading, past history, etc). Besides, a drunk driver is an easy open & shut case.
                    If at first you don't succeed, remove all evidence of your attempt.

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                    • #11
                      I have seen successful prosecutions of BAC's under .08% in Nashville, TN. Most first-time offenders get a reduction to reckless driving if the BAC was not too high anyway. Although if they're caught DUI again, it's still 2nd offense.

                      TN used to have both DUI/DWI, but we got rid of DWI when the BAC was lowered to .08%.

                      That's the first time I've heard of any states lowering the BAC further as you described.

                      I don't think lowering the BAC to .05% would make much difference. Over 90% of my DUI arrests netted .16% BAC's or higher (up to .29%). I think the lowest I've ever arrested was .11%.
                      I'm 10-8 like a shark in a sea of crime..

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                      • #12
                        Section 253, subsection (b), of the Criminal Code of Canada sets the legal blood-alcohol-concentration limit at 80 milligrams of alcohol per 100 millilitres of blood, and this law applies all across Canada. A conviction under this subsection is equal to that for or 253(a) for Impaired Driving, or for 254(5) for refusal of complying with a Peace Officer's demand to submit to an Approved Screening Device test, Approved Instrument tests (Breathalyzer 8=900 or 900A, Intoxilyzer 5000C or Datamaster C) or blood sample draws.

                        Each Province sets their own BAC levels for driver's licence suspension where the investigator does NOT charge a "client" for the above offences, and the length of suspension. In Sasaktchewan, that BAC is 40 mg%.
                        #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                        Proud Dad of #54266 - RCMP - 2007-02-12 to date
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                        • #13
                          Here in NC, where we have recently improved our DWI laws once again, the legal limit is .08 but you can also get a conviction with less than a .08. The conviction would be tougher of course, and the big difference is you lose you license immediately for 30 days pending the trial if you go a .08 or over.

                          I disagree with the thought that lowering it to .05 wouldn't make a difference. I had two different people this week blow a .04 and a .05 respectively, and both of them had some impairment issues that were easy to see. However based on our court system, it would probably be a waste to arrest them with a BAC that low, so our only choice is to suggest to them that they call a ride or park and sleep.

                          Gibbmusic
                          Okay, just how big were those two beers sir?

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                          • #14
                            Unless they were showing serious impairment under .08 will probably get to call a cab.

                            Then there is always that passenger who is WAY drunk and mouthy and gets a ride to lockup for Public Intox.
                            "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
                            8541tactical.com - Ammo Wallets

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                            • #15
                              The BAC is basically nothing more than a tool. The presumption of being under the influance is in many states now .08% which really is a little too low. Many people can function normally at that level, especially those that drink often. On the other side I have seen people that really have had nothing but alcohol and blow a .05 that are pretty drunk! You should and can ticket anyone for any level but the actual prsumption should be .10% IMHO. At that level, the suspect needs to prove he wasn't intoxicated as far as I'm concerned.
                              Jim

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