Alright folks, this next one might light some sparks so I’m going to try to make sure I explain my stance here. I have nothing against MADD, and I completely understand the seriousness that is involved with driving drunk, intoxicated, impaired, etc. I know that thousands of lives have been lost and/or changed forever as a result of careless drunk drivers. Driving drunk and/or impaired is stupid, careless, costly and extremely dangerous. People who repeatedly do this are especially dumb and/or careless and definitely have a problem. Let’s just get all of that out in the open. I also understand that being at the blood alcohol level of .08 or higher doesn’t necessarily mean you are drunk, what it does mean is that you are at a point where you’re most likely a less safe driver.
That’s all fine and dandy. My problem is this – a friend of mine recently was driving home on a Saturday night and ran into a mandatory road block in a small town just outside of Atlanta, GA. It wasn’t a situation where the police saw him driving erratically, doing improper lane changes, speeding, etc. No. It was a road block and everyone was getting questioned for insurance, registration, etc. They smelled alcohol on his breath and gave a breathalyzer test, which is still fine. BUT HE PASSED THE TEST! He blew a .056 which is well under the legal limit of .08. Mind you this is all without a field sobriety (count from Z to A, walk a straight line, etc). By the way, I’m told there’s no way you can “pass” a field sobriety test. It’s only meant to show the cops key indicators on your state of intoxication. Anyways, even though my friend blew below the legal limit, he was still arrested and charged with a DUI. Locked up in jail, car towed, job in jeopardy, all of that. Had to pay over $1600 to get bailed out of jail and will have to give a lawyer a couple of thousand dollars to beat the case.
I need lawyers, police officers, judges, prosecutors, ANYONE to explain to me how the hell this is right or justified. As you can probably tell, I’m furious that this happened and it wasn’t even me that it happened to. But I recognize that this could have potentially happened to me or anyone who goes out for a casual drink or two. If we are at the point where no matter what you do, even if you are under the legal limit of .08 you can still get arrested for a DUI, what’s the point of having the legal limit in the first place? Why is it there if it really doesn’t matter? Just arrest anyone you see leaving a bar even if they just had a beer, because technically that is still drinking and driving right? Does that mean no matter what, you need to call a cab or take the train anytime you drink and have to go home?
Something isn’t right. I have been to work related functions (holiday parties, team outings, happy hour with the managers, etc.) where coworkers have gone to drink with their colleagues and managers. If your manager and director invite you out to drinks, in my opinion it’s in your best interest to go. It’s your chance to bond with your upper leadership and if you don’t go, an opinion of you may be formed. But, someone shouldn’t be at risk to lose their job because they had a couple of beers and blew under the legal limit if they were not driving erratically. There needs to at least be a difference between a DUI at .156 (reckless) and a DUI at .056 (seriously). Perhaps you could just give the person a ticket for whatever their offense was (expired tag, speeding, etc) and force them to call a ride home as opposed to wasting their time and money in court for a charge that won’t stick. Even if you beat the DUI charge, you’ll still be out at least $3K when you add up all of the mandatory fines that they get you with these days – Jail, mandatory fine of usually $1K, defensive driving school, lawyer fees, potential job loss, etc.)
UPDATE! My friend who got arrested for a DUI for blowing UNDER the limit had his entire case dropped! He had a “consultation” with a lawyer and they told him he was apparently in good shape, and his case was dropped in court. Fantastic news…I’m all for someone getting a legitimate DUI if they are over the limit, but under the limit DUI attempts are ridiculous.
I skipped all the usual conspiracy nonsense and found this one interesting.
I don’t know about the laws in GA but in Ohio you don’t have to be over the limit to be arrested. There are actually separate charges for DUI in ohio. One is for blowing over the limit, another is for being impared. If you blow and get arrested for being over the limit they charge you for that. If you are clearly drunk and your ability is impaired (verified with one of 3 sobriety tests, walk and turn, Horizontal Gaze Nystagmus, or the one leg stand.)
Now, the problem is, the laws in GA may be different, or your friend may have been exhibiting behavior that indicated he was impaired. In ohio he would have had to be given and fail (in ohio you can fail) at least 2 of the above listed tests.
So to answer your question, I don’t know why he was arrested. That probably wouldn’t fly in ohio.
Keep in mind, this is all knowledge of laws 8 years ago so they could also be substantially different now.
hi im in a simaler situation as that guy up there i was pulled over for speeding and he smelled alcohol on me and he ask if i had been drinking i told him yes i had 3 or 4 with my dinner and some freinds and this was over 3 and half hr period but anyways i did his impossable feild test i did just fine i dont know y i faild so after he takes me to the jail i had to take a breathalizer i blew one reading under and one a hair over what is your take on this?
That sucks! However I do not condone drinking and driving, I just think that my friend’s situation was uniquely unfair. Since you blew twice, they are going to take the lowest reading which will help you since it is a hair under the legal limit.
You will most likely be able to get your charge dropped to something similar to reckless driving, which still carries about 6 points but is not as damaging to your record. However you will still have to take a defensive driving course, do approx. 40+ hours of community service, pay at least a $1,000 fine, plus you DEFINITELY need to hire a lawyer and that can be another $1-3k. So regardless, getting pulled over for a DUI is very costly.
This just happened to me. I had ONE drink and was also way under the limit on the breathalizer. I was not even given the sobriety test. I am definitely fighting this charge but you are correct..it is COSTLY
Same stuff happened to me i went to the station and blew a .078 and they still charged me with the dui. I think ima beat it though. I got hookups on lawyers so hopefully it wont beat my pocket. i want to walk out of that courtroom with a big smile on my face n when i see the cop on the street ima give him a big smile too. Then twist up an golf.
On August 6th, 2009 I was arrested for dui in my driveway.My keys werent in the ignition and I blew in the breathalizer a .074.It was very close, But still under.I dont understand how they have the right to do this to me.I wasnt even driving!!!
Were the police called to your residence for a disturbance? Were the keys inside the vehicle anywhere? Even if the keys aren’t in the ignition, you can get charged for DUI if they are inside of the car somewhere or if you are inside the car and they are in your pocket, from what I understand. We need more details…like if you were driving at all and pulled into the drive OR were you not driving at all…but either way you have a really good chance at getting that thrown out. If you get a lawyer, I would say 99% chance of getting it dismissed. It’s tougher on your own, I would do a free consultation about it.
So I was pulled over last night for crossing over three lanes as I was leaving a parking lot…(hello, I was turning left a couple blocks up so why wouldn’t I go all the way to the left)..Anyways, I guess that’s illegal. So I get pulled over and asked if I had been drinking and I said yes, I’ve had 2 drinks, just got out of work. Get outta the car, do the ever impossible sobriety test, which, I couldn’t even do the “tip” of finger to the “tip” of nose test without had having a single drink! Blew a .06 and was arrested. I was told I HAD to do a blood test or else my license would get suspended for 12months and was held for 4 HOURS! 4!!!!! I do not think it is right to charge someone with a DUI if they are UNDER the limit, then WHY have a legal limit?!? Also, I think it’s absolutely horrendous that they “barely” read you your so called rights and when they do they read em so fast and if you ask to repeat them, it’s because you must be “too drunk” to hear or something..Also, they need to tell people that their rights are also to refuse any sobriety tests, breathalizers, and blood tests. Az sucks for DUI’s. Can’t even have a drink after work, or to socialize. Then why have bars?