DUI Question...

[Malachians]

First of all, let me say how much i appreciate Law Enforcement in the U.S and want to express my sincere gratitude for the candor with which the majority of the force do their job. As someone who grew up in Belfast, Ireland, i saw at first hand a vile corrupt police force, your decency and bravery is to be lauded.

One thing that took me by surprise when i came to the U.S was the drink driving culture. I am amzed at how many people get trashed and drive. One of those people is a very good friend of mine. 4 years ago she was given a dui (california) and prosecuted. Now she seems to think that its still ok to have A beer and drive, something which i argue she cant. Could you lads settle an argument for me on that? Is it ok to have one beer and drive or is it a zero tolerance policy after being convicted of a DUI?

Any help would be appreciated.

[SCSO612]

First off, she wasn't GIVEN a DUI, she EARNED it.

Now, to answer your question. Unless a court order has been entered against her specifically prohibiting her from drinking at all, she can drink as many as she wants to drink prior to driving...as long as her BAC is under .08.

[LA DEP]

Unless she is still under court probation from her DUI conviction AND one of the conditions is to not consume any alcohol, then NO, she is probably not breaking the law by having one beer and driving.

Where she will get into more trouble is if she gets popped for DUI for a second time......heavier fines, and something like a mandatory 96hr jail sentence for a 2nd time DUI conviction.

[CruiserClass]

Yup, she's fine with a single beer, assuming it isn't the size of a fish tank or soemthing. Her prior conviction won't matter as far as charging her, but where it might come into play is in the sentencing. Indiana, for example, makes your 2nd DUI in five years a felony instead of a misdemeanor.

[Malachians]

First off, she wasn't GIVEN a DUI, she EARNED it.

Now, to answer your question. Unless a court order has been entered against her specifically prohibiting her from drinking at all, she can drink as many as she wants to drink prior to driving...as long as her BAC is under .08.

Appreciate the response and as a single father to a 2 year old boy, i couldnt agree more with "She earned it". I deplore drink driving in any capacity and am completely bereft at how people integrate the habit into their social life.

I was under the impression that the bac content after a DUI conviction was .00.

Thanks

[Malachians]

Yup, she's fine with a single beer, assuming it isn't the size of a fish tank or soemthing. .

[mavriktu]

Yup, she's fine with a single beer, assuming it isn't the size of a fish tank or soemthing. Her prior conviction won't matter as far as charging her, but where it might come into play is in the sentencing. Indiana, for example, makes your 2nd DUI in five years a felony instead of a misdemeanor.

Also,tell her to leave my mug the hell alone

[crass cop]

It happens a LOT! MOST people dont get caught are able to make it home ok, some do not and those are the ones we here about.
Some people can drink all night...if its spaced appropriately and theyre eating the right things that can absorb alcohol, they can be ok.

Its best just to get a ride or call a friend or cab

Not worth the risk!

[Malachians]

Im Irish and can hold my drink very well but i could never live with myself if i hit someone. I try not to get too drunk though because the women cant understand a word im saying with my accent

[mikeymedic]

Well, there are little cards out there that you can get from your local PD. The card shows what your BrAC will be after how many drinks, how much time, and how much you weigh.

I pulled over a guy the other night who was DUI. He told me he had 2 beers and he was not lying. His BrAC was .133. Those 2 beers....were 40 oz a piece in less than an hour.

[TexasAggieOfc]

First of all, let me say how much i appreciate Law Enforcement in the U.S and want to express my sincere gratitude for the candor with which the majority of the force do their job. As someone who grew up in Belfast, Ireland, i saw at first hand a vile corrupt police force, your decency and bravery is to be lauded.

Must be a Catholic to have that much disdain for the fine men and women of the PSNI.

Here's she's fine to have a beer, provided she's of age to consume alcohol (automatic DUI if you're a minor and have a detectable trace of alcohol), and as my other collegaues from the other states said, she's not on any court order preventing the use of alcohol.

That said - Don't Drink. Don't Drive. Don't go to Jail. It's really that simple.

[LT Dangle]

First off, she wasn't GIVEN a DUI, she EARNED it.

Now, to answer your question. Unless a court order has been entered against her specifically prohibiting her from drinking at all, she can drink as many as she wants to drink prior to driving...as long as her BAC is under .08.

Not so quick... Don't know about Arkansas, but in Cali you can still get a DUI with a BAC under .08

[mosinfan]

Have arrested for a BAC of 0.00 before. She was high as a kite though and the blood draw I got convicted her without an appeal.

[SCSO612]

Not so quick... Don't know about Arkansas, but in Cali you can still get a DUI with a BAC under .08

You can get a DUI Drugs, or if you're under 21 DUI is between .04 and .08, then it's DWI after .08. Otherwise, unless there are very strange circumstances the prosecutor won't charge under .08.

[xdrcx]

In California, its common to get three years probation which shows on the DL return that they are in violation with any alcohol in their system, (I.E. .01%). It was recently added to the CVC to make it an infraction rather how it used to be charged as a Misd, [166(a)(4)PC].

Driving Under the Influence of Alcohol While on Probation for Prior DUI.

23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Added Sec. 5, Ch. 749, Stats. 2007. Effective January 1, 2008. Operative January 1, 2009.