Under the limit = DUI? Since when?

Funny, we were actually just discussing this issue in one of my classes this week. It happens a lot more often than you'd expect.

It shouldn't happen, but it does, and I'm not sure how to avoid it.
 
That's weird that he got arrested. See my philosophy is that if they don't want you to drink and drive, why put an .08 limit on. Just say you can't be above 0.
 
I suppose it makes sense, though. It's good that the police can use their judgement - if someone is under the limit but clearly unfit to drive, they should be able to do something. Common sense prevails for once. 🙂
 
Plenty of people speed and weave in and out of traffic sober. There's no DUI here, so he shouldn't have been charged with that. He should have been charged with traffic violations.
 
A DUI is more than just a number, it's a judgement call. Want to avoid the notch on your record, don't drink and drive. Plenty of people are killed by drivers under the influence of alcohol well under the limit. Everyone has a different tolerance to alcohol and .08 might not do a lot for one person, while another will pass out well below the .08.

http://www.totaldui.com/blog/dui-charges-below-the-legal-limit/ said:
Another possibility is that the driver had a blood alcohol content (BAC) reading somewhat lower than .08%, but also showed signs of impairment. The “legal limit” is simply the number above which a driver is automatically guilty of driving under the influence (or some related statute) without any other evidence.

However, many states also allow for a DUI offense and conviction when a driver has a slightly lower BAC reading but also fails field sobriety tests, drives erratically or otherwise shows signs of being impaired.
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His attorney will argue it away and the charges won't stick. Here in NYS our drinking and driving laws are weird... it's like .04 to .08 is a DUI and .08 and above is DWI.
 
If you're even a little bit of a celebrity, police will arrest you, charge you, then let you go.
 
Hobbies230 said:
Logan18 said:
Irviding said:
His attorney will argue it away and the charges won't stick.
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I agree with Irviding.
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Still ain't fair that the man has to go through the legal process at all, though. :shake:
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Yes it is. He made the decision to get behind the wheel despite being clearly inebriated.
 
Hobbies230 said:
Logan18 said:
Irviding said:
His attorney will argue it away and the charges won't stick.
Click to expand...

I agree with Irviding.
Click to expand...
Still ain't fair that the man has to go through the legal process at all, though. :shake:
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He was the one dangerously driving as a result of drink. Sounds completely fair to me.
 
ItsZippy said:
Hobbies230 said:
Logan18 said:
Irviding said:
His attorney will argue it away and the charges won't stick.
Click to expand...

I agree with Irviding.
Click to expand...
Still ain't fair that the man has to go through the legal process at all, though. :shake:
Click to expand...
He was the one dangerously driving as a result of drink. Sounds completely fair to me.
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Yeah but the point is he wasn't driving above the legal limit.
 
Irviding said:
Yeah but the point is he wasn't driving above the legal limit.
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Please reference my post above in the thread. The limit is an automatic DUI, under the number is a judgement call by the officer.
 
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