0.08

[Keller]

As we all know, 0.08 BAC is the legal limit for driving while intoxicated. My question is: if someone blows a 0.08 are they over the limit? Or would this person have to blow 0.081 to be convicted?

Random thought, I know. But I was hoping someone here would have the answer. Thoughts and opinions welcomed, but state if your answer is known to be true.

 

[CajunTim]

I dont recall mine reading three decimal places, .081 to me is guilty as two boys ****ing on the Vatican lawn on Easter Sunday

.08 is the limit so you should be good

 

[Doc Holliday]

up to .079, could be safe (depending on level of impairment);
.08 and up = DWI

 

[Keller]

.08 is the limit so you should be good

It's not ME, or anyone I know! They do read into the thousandths... just don't ask me how I know

Don't say "Just don't drink and drive, and you'll be okay." This is purely hypothetical and I was curious as to how the law interprets it.

 

[sylvest]

up to .079, could be safe (depending on level of impairment);
.08 and up = DWI

How is .08 a DWI? doing 70 in a 70 wont get you a speeding ticket. If you are .08 then you are AT the limit, not OVER it.

Also, how can you give a DWI to someone UNDER the limit?

 

[Doc Holliday]

Between .04 g% and .079 g%, it's discretionary based on the arrested person's level of impairment. Also, if a person is significantly impaired and only registers .05 g% on the Intoxilyzer, I'm gonna' get urine for toxicology. They're still gonna' get booked for the DWI.

 

[Nolacopusmc]

Between .04 g% and .079 g%, it's discretionary based on the arrested person's level of impairment. Also, if a person is significantly impaired and only registers .05 g% on the Intoxilyzer, I'm gonna' get urine for toxicology. They're still gonna' get booked for the DWI.

Exactly. It is not only the intoxilizer reading that counts.

 

[Doc Holliday]

.08 g% indicates a presumption of intoxication...

 

[sylvest]

Between .04 g% and .079 g%, it's discretionary based on the arrested person's level of impairment. Also, if a person is significantly impaired and only registers .05 g% on the Intoxilyzer, I'm gonna' get urine for toxicology. They're still gonna' get booked for the DWI.

how in the world is that legal? if you blow over then youre booked. if you blow under then you test and retest until you can find a way to stick em with it? thats the way to serve and protect huh?

 

[sylvest]

Exactly. It is not only the intoxilizer reading that counts.

then why do we have a limit? it can convict you, but not indemnify you? you and doc on this guilty until proven innocent kick.

 

[Nolacopusmc]

then why do we have a limit? it can convict you, but not indemnify you? you and doc on this guilty until proven innocent kick.

Sorry little buddy, I am on this I have seen it in court kick.

 

[Doc Holliday]

Not exactly...

If you blow under and your level of impairment is not proportionate, there's some other substance involved.

 

[sylvest]

im on how the **** is that legal kick? why do we have a limit then? you cant get a speeding ticket for 69/70 just because the officer thinks you are driving too fast.

 

[Doc Holliday]

I do it for a living...

If you'd had to work the alcohol & drug related fatality crashes that I have, you probably wouldn't be so liberal in your thoughts on the matter...

 

[CCW]

Here is part of the DWI Law. .08% or above is considered impaired and illegal.

RS 14:98

§98. Operating a vehicle while intoxicated

A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:

(a) The operator is under the influence of alcoholic beverages; or

(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or

(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or

(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

 

[Doc Holliday]

im on how the **** is that legal kick? why do we have a limit then? you cant get a speeding ticket for 69/70 just because the officer thinks you are driving too fast.

sure you can, it's called prima facia speeding. too fast for conditions...

 

[Nolacopusmc]

I do it for a living...

If you'd had to work the alcohol & drug related fatality crashes that I have, you probably wouldn't be so liberal in your thoughts on the matter...

Not sure you understand me. I agree with you. I definitely do not have liberal views.

 

[Nolacopusmc]

Here is part of the DWI Law. .08% or above is considered impaired and illegal.

RS 14:98

§98. Operating a vehicle while intoxicated

A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:

(a) The operator is under the influence of alcoholic beverages; or

(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or

(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or

(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

There you have it.

 

[sylvest]

Here is part of the DWI Law. .08% or above is considered impaired and illegal.

RS 14:98

§98. Operating a vehicle while intoxicated
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or

theres the answer

 

[Doc Holliday]

Not sure you understand me. I agree with you. I definitely do not have liberal views.

wasn't meant for you, dude. misquote.