Are DUI Laws Excessive in your state ... ?

[LBrown59]

I think your states .04 BAC is a little low. Is that .04 BAC just for CDL or any license.

quote]

Good Evenin George,
1*Yes that is for a CDL, but it applies to you driving your personal vehicle !
2*Im not drunk after having one beer IMO, but the state sees it otherwise !

1*It should after all the vehicle you're driving has nothing to do with how much you're under the influence. 2*I think the state sees the same thing I do,
The alcohol has the same effect on you no matter what you're driving.

 

[shvl73]

1*It should after all the vehicle you're driving has nothing to do with how much you're under the influence. 2*I think the state sees the same thing I do,
The alcohol has the same effect on you no matter what you're driving.

1*The vehicle has nothing to do with it but, the license does.
2*The state applies two different thresholds to two different people driving the same vehicle.

 

[scott_vt]

Hi Scotty!
I don't think it makes sense to have the reduced threshold for a cdl driver (I have a cdl-b) when driving non-commercially. It doesn't seem sensible that a cdl driver in a VW is DWI at .04 when an operator with a standard liscense is not DWI at .07 in a 26,000lb motorhome.
Torin

Good Evenin Torin,
Thankyou, agreed !

 

[mjarrels]

It's all about lawyers and $$$... yes lives lost are bad, but it's all about $$$.

mark

 

[scott_vt]

It goes without saying for me that laws should tough and even tougher.


I hate to impose gestapo tactics BUT.... a few more sobriety check points would be a good thing. The local check points always get many violators of not having insurance. Why is this good I've been hit three time and not one had insurance, one other time a guy hit my wife head on and ran away, cops laughed in my face when I asked what can be done.

In this day and age there is absolutely no reason people should drive drunk, it's not like the message isn't out there.

Drive drunk lose your car forever, and lose your license for 5 years. get caught again jail for a year, get caught again 5 years etc.

Too many innocent people have been killed while the drunk guy always walks away from the accident. Why is it that drunk people never get killed in an accident?

Good Evenin Cat,
Agreed, but we are not advocating drunk driving here !

I have been hit from behind by a drunk driver at night while at a stop light going out to dinner with my wife ! It stinks in plain english, heck he didnt even have his headlights on !!!

We are discussing why someone should be arrested after one beer !

 

[LBrown59]

1*I hold a CDL license, which in this state, you are considered DUI with a .04 BAC. I would never have a drink while driving commercially, but it is nice to have a beer or a glass of wine with your dinner when you go out to eat.
2*Unfortunately that BAC applies even if your driving the family SUV !

1*Are you saying your state has 2 different BAC limits.?
2*It should since what you're driving and the type of licenses one holds has no bearing on alcohols effect on you.

 

[Skyco]

Good Evenin Skyco,
I just dont think someone can be considered legally drunk after consumming one beer while having dinner IMHO !

Don't think so either, they'd have to be awfully small, around 75lbs or less, to reach .04 from one drink. I ran several different online BAC calculators and it takes 3 or more in a one hour period for a 175 lb man to reach .04

 

[MossRoad]

Good Evenin Skyco,
I just dont think someone can be considered legally drunk after consumming one beer while having dinner IMHO !

The two terms "legally drunk" and "impaired" come to my mind...

Many years ago, I went to a Mexican restaurant with my wife and had a mug of margaritas. That was 2 drinks. I had had nothing to eat all day, and it was hot out, so I slammed that thing down with some chips and salsa. When I stood up, I was buzzed, uncoordinated and, in my opinion, "impaired" to the point that I should not drive. According to all the charts, I should have been no where near "legally drunk", but I was drunk on two drinks. I was pretty shocked, because, at the time, I was a 12 pack kind if guy, if you know what mean (not too proud of that, these days).

In this day and age, knowing what we know about the effects of alcohol, twice as many people in our country as there were 40 years ago, friends and family to take turns driving, etc... there is little to no excuse for driving after drinking any more.

 

[LBrown59]

Hi Scotty!
I don't think it makes sense to have the reduced threshold for a cdl driver (I have a cdl-b) when driving non-commercially.
*It doesn't seem sensible that a cdl driver in a VW is DWI at .04 when an operator with a standard liscense is not DWI at .07 in a 26,000lb motorhome.
Torin

*I agree; so level the playing field and make it .04 across the board for everybody.

It goes without saying for me that laws should be tough and even tougher.
*In this day and age there is absolutely no reason people should drive drunk, it's not like the message isn't out there.

Drive drunk lose your car forever, and lose your license for 5 years. get caught again jail for a year, get caught again 5 years etc. ?

*I just don't see why anybody feels the need to have any BAC in order to drive.

 

[LBrown59]

Hi Scotty!
I don't think it makes sense to have the reduced threshold for a cdl driver (I have a cdl-b) when driving non-commercially. It doesn't seem sensible that a cdl driver in a VW is DWI at .04 when an operator with a standard liscense is not DWI at .07 in a 26,000lb motorhome.
Torin

Statistics tend to show that penalties are not a deterrent to crime. The DUI laws are no exception.

While they have succeeded in making criminals out of ordinary people, (we just recently had a local cop, who was decorated by MAD due to his outstanding record for busting people, get nailed), the hard core drunk drivers, continue to roam our roads. I am sure you have all seen the occasional local story about the "person" who has just gotten their 13th DUI. Yet, they are still find ways to drink and drive. These people are not just having one or two drinks.

*They will eventually make it illegal to drink and drive at all..

I, like the CDL guys, would get double jeopardy, because I have a pilot's license. On the second offense, they pull your pilot's license, even though you weren't flying.

I don't condone drunk driving. If your impaired, and you drive, I think you should be off to the big house. However, making criminals out of everyone who has one or two beers, does seem not right either.

Nothing wrong with that.
It's the way it should be.

 

[EddieWalker]

Moss reminds me of something I've seen with guys who can drink allot of beer. They go for years drinking a 12 pack without any noticeable sign. To get drunk, they drink a case of beer or more. I've done it myself and was one of those guys who would brag about how many beers I could drink. One time I was drunk for 27 hours straight!!!

Anyway, those guys that I knew, and later on when I was a Union Steward, I had to deal with the same thing. These guys would get to a point of drinking that their livers were shot. One beer and they were drunk. They refused to acknowledge it because it was a source of pride for them on how many they could "handle" and still be fine.

There were several that were pulled over for drunk driving after just a few beers. How many depends on how much you trust them and their version of the story. Of course, it was never their fault that they got pulled over, but instead, it was the cops fault. Go figure that one out. LOL

My wife's ex is that way now. He's still drinking, has had some problem with the law lately because of it, but refuses to acknowledge that it's the beer and that he can no longer drink as much as he used to. It's very sad to see happen, especially now that it's so bad that his parents, who defended him no matter what, but are now unable to ignore having to bail him out of jail twice in the last two months.

He can't handle a single beer anymore, but he doesn't realize this, or admit it to himself.

Eddie

 

[czechsonofagun]

In Virginia, if you apply for CCW, the form has a question about DUI or maybe even DUI disqualifies you.

 

[LBrown59]

1*The vehicle has nothing to do with it but, the license does.

1*How does the type of license held impact the effect that alcohol has on a person?

 

[Matt_Jr]

I think in Virginia(not sure if true or not) DWI doesn't exist anymore. Just DUI. Although I don't even notice anything after just a few beers or a couple shots of anything I'm too scared of the laws to drink even a drop if I'm gonna be behind the wheel. I also carry a firearm at all times, so that ruins the drinking in public for me too. I reserve drinking to an at home activity and enjoy a drink everynight about an hour before bed. I don't need it, but I think one drink a day is good for the cardiovascular system and if I drink before bed.. well.. how much trouble will that get me in?

 

[tallyho8]

In the great state of Louisiana where it was legal for even an 18 year old to drink and drive until a few years ago when the feds threatened to withhold federal highway funds from our state unless we changed our laws, there are many fatalities from drinking and driving.

I myself, suffered a fractured vertebrae from getting hit head-on by a drunk driver. I believe that anyone driving under the influence (drugs or alcohol) should get the most severe of all driving penalties.

That said, I do not believe that one beer at dinner could impair a normal person's ability to drive properly. If you have a condition where one beer will affect your ability to safely negotiate the highways, then you should never drink one and drive or face the consequences.

It is ridiculous to have different percentages of blood alcohol to meet DWI standards dependent upon the type of license that you have. If you are driving under the influence, which means that you do not have the ability to drive safely, it doesn't matter if you are driving a car or a big rig. Either one can easily kill or maim. But, in the event that you are caught driving DWI, and you have a cdl, I believe the penalties should be tougher.



I confess to making the mistake several times of driving after a few drinks and thinking that I am sober enough to drive safely and pray that I never do that again risking the lives of myself and others regardless of whether or not I get stopped for DWI.

 

[Tig]

.08 BAC is our limit. Go over or be deemed impaired by alcohol or drug and it's a criminal offense. Canadian law allows for the highest possible maximum prison sentence of five years on a first offense.
Cause bodily harm and the max is 10 years.
Cause death and the max is 14 years.

You can be convicted on the testimony of witnesses (ie no police were present.) This happened to a person I know who was drunk on a riding mower, on private property (not his property).

If our kids go drinking and need a ride, they call us and we pick them up. If we need a ride, we call them. When we have our summer bash we usually end up with 20 or 30 people sleeping over in tents, or where ever.....
All that being said, I know people who drive impaired on a daily basis. A couple of them got caught last month. A couple more are way overdue to get caught.

Discussion on Canadian DUI laws as compared to the rest of the world.

 

[2manyrocks]

Cat Driver--the DUI driver died in the crash I posted about.

Since sitting in the hospital waiting room in 1994 with the Mother and Father of the guy who was injured by the DUI, I don't drink beer or any other alcoholic beverage at all anywhere or anytime.

 

[Nissan197]

Lots of replies to this thread. Kansas got a little harsher a couple of years ago. We have a limit of .08 if you are of legal drinking age. If you are driving a commercial vehicle it is .04. If you are under 21 anything .02 or over is DUI. The higher you blow the worse it will be for you. If you blow over .15 your dl is suspended for at least one year, even if it is your first offense. You refuse and it is your first it is a year suspension. Time goes up if you are convicted of more than one.

Since I have made rank I haven't handled a DUI for probably four years, but they are very time consuming. It will take our officers a minimum of two hours from the start of a traffic stop to just booking a subject into jail. That does not even include all the narratives that have to be written. The amount of paperwork involved is ridiculous. The sad thing is with all the paperwork sometimes the case will get thrown out on a technicality if an officer forgets to check a certain box on a form. It is crazy and yes, traffic attorney's make a good living from them. I told one of them that he should be taking me out for a steak dinner every week for the amount of business he gets from me. He was not amused.

Overall I think the punishments are correct. Unfortunately with all the overcrowding of jails and prisons it is unlikely that someone convicted of DUI will serve much time. DUI is a big deal and very dangerous. I have worked numerous fatalities involving alcohol and they are not an enjoyable experience. One stop I had the driver had been convicted a total of 10 times for DUI and his dl was revoked for life. He was still driving and he went to jail again that night for DUI. Unfortunately there are some who will never learn.

 

[JohnDeere4300]

ABCDEFGHIJ
1*I don't feel they go far enough.
2*With all the Minutes in a day and all the places you can be in there is absolutely no excuse to be drinking at the time you are driving or located in a vehicle.
There is no reason to ever combine the time you drink and being in a vehicle together .
If you want to drink stay out of the vehicle .
If you want in the vehicle stay away from the bottle.
3*As well it should. I don't care what he's driving I don't want him running into me.
4*Yeah they need to clamp down harder not relax them.
5*I disagree: There is no need to consume those 2 beers at that time under those circumstances.
I've seen drunk drivers have terrible impacts on to close families.
One of them my wife's sister.
It's sickening the senless suffering those 2 drunks wrecked on those families.
6*This would be a Sunday picnic compared to what the 2 drunks put the 2 families through.
Where was the leniency for these families.?
[/QUOT


This fine man (lee Brown) has told it the way it should be.

I should have just stayed out of this because he has done a fine job.

BUT I MUST TELL MY STORY AND JUST ADD A LITTLE MORE

I am 43 years old i grew up in West Virginia, after high school i moved to Kentucky in 1985 and started working in the coal mines.
I alway's wanted to become a truck driver but was stuck underground

Well in 1993 the mines i was working at was going to close down,
but we was offered to go back to school and they pay for it.
so i decided to go to truck driving school, i could already drive a truck
but i had to do alot of driving test, and the big company's would hire
you right out of class. The class took me eight weeks ,the cost $5000
dollars, at the mines pay.
So while in class i was already hired by T.M.C. flat bed division out in
Des Moines Iowa. so TMC sent me a bus ticket and i left my wife and
two kids in order to support my family. later on i was offered a local
job for another company 15 hrs. aday home every night, except when
a shuttle run came up so i came home.
I was loving my job driving a tractor trailer and home every night except one or two nights. UNTIL I WAS on a two lane road and
i saw a pick up truck coming RIGHT AT ME so i pushed the clutch and
brake my left wrist braced on the steering wheel and he hit me,

When he hit me his truck struck my drivers side front wheel and it
spun the steering wheel and shattered my left wrist, 4/8/98/.
i have had three surgery's, i need one more, they started to take my
arm off, so they sent me to louisville Ky. and they took bone out of my leg to fuse a metal plate with eight screws in my wrist. it does not bend and nerve damage in my leg. I have needed surgery again

 

[JohnDeere4300]

H

ABCDEFGHIJ
1*I don't feel they go far enough.
2*With all the Minutes in a day and all the places you can be in there is absolutely no excuse to be drinking at the time you are driving or located in a vehicle.
There is no reason to ever combine the time you drink and being in a vehicle together .
If you want to drink stay out of the vehicle .
If you want in the vehicle stay away from the bottle.
3*As well it should. I don't care what he's driving I don't want him running into me.
4*Yeah they need to clamp down harder not relax them.
5*I disagree: There is no need to consume those 2 beers at that time under those circumstances.
I've seen drunk drivers have terrible impacts on to close families.
One of them my wife's sister.
It's sickening the senless suffering those 2 drunks wrecked on those families.
6*This would be a Sunday picnic compared to what the 2 drunks put the 2 families through.
Where was the leniency for these families.?
[/QUOT


This fine man (lee Brown) has told it the way it should be.

I should have just stayed out of this because he has done a fine job.

BUT I MUST TELL MY STORY AND JUST ADD A LITTLE MORE

I am 43 years old i grew up in West Virginia, after high school i moved to Kentucky in 1985 and started working in the coal mines.
I alway's wanted to become a truck driver but was stuck underground

Well in 1993 the mines i was working at was going to close down,
but we was offered to go back to school and they pay for it.
so i decided to go to truck driving school, i could already drive a truck
but i had to do alot of driving test, and the big company's would hire
you right out of class. The class took me eight weeks ,the cost $5000
dollars, at the mines pay.
So while in class i was already hired by T.M.C. flat bed division out in
Des Moines Iowa. so TMC sent me a bus ticket and i left my wife and
two kids in order to support my family. later on i was offered a local
job for another company 15 hrs. aday home every night, except when
a shuttle run came up so i came home.
I was loving my job driving a tractor trailer and home every night except one or two nights. UNTIL I WAS on a two lane road and
i saw a pick up truck coming RIGHT AT ME so i pushed the clutch and
brake my left wrist braced on the steering wheel and he hit me,

When he hit me his truck struck my drivers side front wheel and it
spun the steering wheel and shattered my left wrist, 4/8/98/.
i have had three surgery's, i need one more, they started to take my
arm off, so they sent me to louisville Ky. and they took bone out of my leg to fuse a metal plate with eight screws in my wrist. it does not bend and nerve damage in my leg. I have needed surgery again

(i hit the wrong button while typing sorry)
needed surgery for two years but afraid to go back living in pain,

NOW WHAT I THINK THEY SHOULD DO TO A DRUNK DRIVER.

(1) first time caught DUI. with no one even hurt (20 years)

(2) first time caught DUI. and someone hurt (LIFE IN PRISON)
without ever getting out.
(3) FIRST TIME CAUGHT DUI. AND SOMEONE KILLED,
DEATH PENALTY

If someone is going to drink, they should stay home where they belong

(AND I LOST my CDL because of my wrist and leg ) JUST BECAUSE
SOMEONE WAS DRIVING DRUNK,

you asked what i thought about it and there it is

i have seen so many family's destroyed because of a drunk driver.

(lost children, fathers,mothers,sisters,brothers and grandparents)