That really opens your eyes to show why observations and documentation are paramount..... A conviction based on parameters outside the normal police observations (i.e. alcohol related observations (odor, eyes, etc.) and SFST's.)baldeagle wrote:I once was the foreman on a petit jury that found a woman guilty of DUI. Although she demonstrated impairment by erratic driving, failing an on-site eye nystagmus test and difficulty walking a line at the police station, some jurors were still not ready to convict. What convinced them that she was guilty was that, when she was pulled over, she was driving her friends, one of whom was passed out in the back seat, back to their cars so that they could drive home. Although a BAC was never taken because she refused, her decision to allow her friends to drive drunk demonstrated "the loss of the normal use of the faculties due to the introduction of alcohol into the bloodstream".
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Return to “Alcohol and Carrying Question”
- Sun Jun 13, 2010 12:53 pm
- Forum: New to CHL?
- Topic: Alcohol and Carrying Question
- Replies: 24
- Views: 4919
Re: Alcohol and Carrying Question
- Sun Jun 13, 2010 12:27 pm
- Forum: New to CHL?
- Topic: Alcohol and Carrying Question
- Replies: 24
- Views: 4919
Re: Alcohol and Carrying Question
0.08 is one of two legal definitions of intoxication which is different than impaired. Big difference in the world of legalese.MoJo wrote:.08 is the legal definition of imparement. If you can't pass a field sobriety test
you are impared regardless of your BAC. If you are deemed impared the nice officer will invite you to a sleep over at the local jail. So, if you drink don't drive and dont carry a firearm you'll stay out of trouble that way.
Impairment begins with even the first drink so I am of the opinion to never drink and drive/carry..... If you have ever taken the NHTSA SFST class you learn the body processes 0.00something of alcohol per hour so even if you are 0.08 it takes your body a long time to get all the alcohol out of your system. Also, if you are gonna drink the worst thing you can do is eat right before because that causes the alcohol to sit in your stomach and hit you all at once as opposed to it absorbing as you drink it. Just some gee whiz info.