Another drunk pilot
02-21-2012, 04:48 PM
#161
Gets Weekends Off
Joined APC: Jun 2010
Posts: 442
BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
02-21-2012, 04:52 PM
#162
Gets Weekends Off
Joined APC: Mar 2010
Posts: 137
http://www.dmv.ny.gov/broch/c-39DDL-web.pdf
Look they even go up to your .07 on page 3! I'll be sure to reference your legal expertise since you "learned the laws" if i ever blow a .07
Thanks for your ".02"(Ha..BAC pun)
02-21-2012, 04:54 PM
#163
Gets Weekends Off
Joined APC: Jun 2010
Posts: 442
http://www.dmv.ny.gov/broch/c-39DDL-web.pdf
Look they even go up to your .07 on page 3! I'll be sure to reference your legal expertise since you "learned the laws" if i ever blow a .07
Thanks for your ".02"(Ha..BAC pun)
Last edited by CrakPipeOvrheat; 02-21-2012 at 05:09 PM.
02-21-2012, 05:45 PM
#165
Gets Weekends Off
Joined APC: Jun 2010
Posts: 442
I asked about you personally because I didn't want you to dodge the question. You did dodge the question though. Am I wrong if I say I can drink a beer and not be impaired? Assume I just passed a field sobriety test.
02-21-2012, 05:48 PM
#167
Gets Weekends Off
Joined APC: Jun 2010
Posts: 442
Touché. I don't play with my future. I don't drive after more than two beers.
02-21-2012, 05:48 PM
#168
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Joined APC: Jan 2008
Position: CL-65 captain
Posts: 2,244
You don't need to blow .08 or over to be convicted of DUI. It only needs to be proven the driver was impaired. The law is not about the BAC; the law is "driving under the influence."
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
02-21-2012, 05:58 PM
#170
Gets Weekends Off
Joined APC: Jun 2010
Posts: 442
You don't need to blow .08 or over to be convicted of DUI. It only needs to be proven the driver was impaired. The law is not about the BAC; the law is "driving under the influence."
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
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