I was under the impression that .08 was the limit in most places.
EDIT: Just checked wiki, looks like .08 is a standard under US law, but some states are more strict than that. Zero Tolerance states only allow .01-.02 while driving.
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Legal advice, DUI
- Thread starter Turock
- Start date
I was under the impression that .08 was the limit in most places.
EDIT: Just checked wiki, looks like .08 is a standard under US law, but some states are more strict than that. Zero Tolerance states only allow .01-.02 while driving.
Believe it or not BAC actually goes up after a period of time. So if you take a shot of crown your BAC will be higher after a 30-40 mins than after 10 mins. You need more than an hour to sober up.
So, the way i understand it is: .08 is an immediate DUI, no questions asked. .03 is a DUI based on officers judgment. If officer thinks that you shouldn't be driving even if you are under .08 - it can result in DUI.
That's a California thing though, SC might be different.
Munge is absolutely right...there is a lot of bad legal advice given here. That is why I'm not trying to give you legal advice, just some information and a couple of friendly personal suggestions. I try not to be a straw lawyer, but I am a DWI judge for a living.
A bit of research shows SC to be like many states. You can be found guilty in either of two ways: 1) substantial impairment, or 2) registering .08 or greater. Since you only blew .03, they'll have to prove the former. In some states, a result of .03 can be used to create a presumption that the person was NOT impaired, but I don't know about SC. Your lawyer will tell you about that. Also, SC has some strict laws about videotaping incidents such as this. Most states (like mine) make it optional, but I believe SC makes it absolutely mandatory, so there would be something more there than your word against his as to how you performed on your tests, etc.
Based purely on what you have said, it sounds like an interesting case. Keep us posted.
And again, not trying to speak for Munge, but I think he was stating an opinion in your best interest. People do get some really lousy advice here.
A bit of research shows SC to be like many states. You can be found guilty in either of two ways: 1) substantial impairment, or 2) registering .08 or greater. Since you only blew .03, they'll have to prove the former. In some states, a result of .03 can be used to create a presumption that the person was NOT impaired, but I don't know about SC. Your lawyer will tell you about that. Also, SC has some strict laws about videotaping incidents such as this. Most states (like mine) make it optional, but I believe SC makes it absolutely mandatory, so there would be something more there than your word against his as to how you performed on your tests, etc.
Based purely on what you have said, it sounds like an interesting case. Keep us posted.
And again, not trying to speak for Munge, but I think he was stating an opinion in your best interest. People do get some really lousy advice here.
"Generally, every blood sample they send to the state crime lab will test for alcohol as well as cannabis. The latter may have been out of your system after 4 days. The 30 day thing is a myth."
It depends on where you're tested for THC (the active chemical in pot). Blood and urine pass in 72 hours. It stays in your hair for 3 months, because the hair is dead skin and secreted oil, the THC is non polar, so it is secreted in the hair. So, if they only test blood and urine, youll be fine. You might want to invest in some detox shampoo that (helps) pass the THC from your hair. Just in case these monkeys wanna test your hair.
It depends on where you're tested for THC (the active chemical in pot). Blood and urine pass in 72 hours. It stays in your hair for 3 months, because the hair is dead skin and secreted oil, the THC is non polar, so it is secreted in the hair. So, if they only test blood and urine, youll be fine. You might want to invest in some detox shampoo that (helps) pass the THC from your hair. Just in case these monkeys wanna test your hair.
Absolutely correct. But I know of almost nobody who tests hair in DWI cases, in part because the time line is not as accurate. Plus, as I mentioned, it isn't enough to show that a certain drug shows up in his system, it must be shown that it contributed to impairment. Without a drug impairment analysis, that is very hard to do, especially since they can't tell when drug was ingested.
I have seen cases dismissed when there was a low BAC and some evidence of THC in the system, but no certified drug officer who interviewed and tested the defendant at the time of the arrest.
Drug DUIs are becoming more common, but are pretty tough to prove. (Unless you have one fired up when they stop you.)
I have seen cases dismissed when there was a low BAC and some evidence of THC in the system, but no certified drug officer who interviewed and tested the defendant at the time of the arrest.
Drug DUIs are becoming more common, but are pretty tough to prove. (Unless you have one fired up when they stop you.)
I did not say I was impaired, because I was not. I was given the field sobriety tests, arrested, then taken to their headquarters for the breathalyzer, which was only two or three blocks away. That is where I registered .03 (on the breathalyzer). He said the urine results could take several weeks.
Yes, it was videotaped. I thought I did the heel-toe thing pretty well, the standing on one foot may not look too good, I just couldn't do it very well, still can't, You have to keep your arms by your side so that they can't be used for balance. I didn't stumble, but I did have to keep putting my foot on the ground. As I previously mentioned, I was tired. I had been awake around 20 straight hours, worked two jobs that day, etc. Plus I have stent, and my blood pressure was way high; which was also taken at the hospital and later at the jail.
I did go down a deserted one way street (the wrong way) for one block, absolutely no other traffic. It was just a mistake. Most, but not all, roads in the downtown area are one way; two lanes going one way, then a median (about the width of the road, then two lanes going the other way. I went down the wrong one.
Thank you for taking your time to research.
I can't see how a stint or high blood pressure could affect a DUI result. However, If the incident occurred just as you said, I have a problem with the way it was handled. (I've been a police officer for 23 years). I certainly can't see a "drunk tank" lockup for someone who tested a .03. I also cannot condone the way your property was handled. I can't speak for the laws or procedures in other states, but here in Ohio, I can't imagine a conviction with a .03 BAC.
I think you have every reason to be upset with the way things were handled, and you certainly should retain a lawyer.
I think you have every reason to be upset with the way things were handled, and you certainly should retain a lawyer.
yeah I live in SC too..I didn't know that it was always zero tolerance. I know I celebrated New Years in Augusta, GA, and I was told that it was zero tolerance that night. Which sucks b/c a lot of people have a glass of champagne at midnight. I don't think that the zero tolerance is fair. So long as you weren't legally drunk, and spaced out your alcohol intake good, it should be okay.
Good luck and hope it all works out well for you!
Good luck and hope it all works out well for you!
The only thing i can think of, is if the cop thought that person didn't blow right? He he, i said blow. Then they would want a blood test... ?
Gotcha.
Judging by what you've posted so far, I'd say you've been royally hosed. Even if you end up winning in court this is going to cost you a chunk of cash. The best of luck to you.
This was in Aiken SC, in the city, not far from North Augusta, so you are probably aware of the confusion of all those one-way streets. Many people have told me that they have made that same mistake.
When I mentioned the high BP, I meant maybe that had something to do with (according to the officer) me not doing too well on the sobriety tests. My BP taken at the time I was put in the drunk tank was 204/119 which the nurse told me I was in stroke range, my BP normally is around 140/78 (with medication). They did not offer me any medical attention, they just led me to the drunk tank.
You're right, I am very upset over the way I was treated. I have never been in trouble with the law for anything in my 53 years of life.
Thanks for responding.
They can detain you for 24 hours for any reason they see fit, so unfortunately they were well within their job with everything they did. It's wrong and sucks a lot that it happened, and that officer definitely was just trying to get a quota or hated you or something. Talking to a lawyer would be good if you can get one for cheap or free, the only thing you can do in this situation is HOPE to get your impound fee's relieved, and write a formal complaint on the arresting officer.
I'd guess your BP was high from the stress involved. At that high a BP, it's quite possible to be a little dizzy. I might suggest mentioning that to your doctor and maybe getting some sort of as needed BP meds for a run that high.
Saw my Lawyer today. Gonna cost me $2000 if it doesn't go to trial, another $2000 if it does. He says that with a .03 (must be at least .05 or I am considered to be not under the influence) that they had no right to charge me with DUI unless pot smoke was coming out my windows, or a bottle of illegal pills was found in my pocket, a roach in the ashtray... you get the picture. Also, for the same reason, the officer had no right to make me take the urine test. I was supposed to sign and be given a copy of some paperwork at the time of the urine test that I never signed, never was given, or have even seen.
At this point, not having seen the videos, and based on what I have told my lawyer, he believes that they don't have a case.
At this point, not having seen the videos, and based on what I have told my lawyer, he believes that they don't have a case.
It sucks that it's a $4K lesson but if you get it done for $4K and it's over, spend the money and don't look back.
It would be a lot easier to fire off some high minded advice and some veiled insults if you were 19 yrs old........ As you are a full grown man I don't guess you require any of that.
Just get it handled and move on, Brother.
Peace,
Parrish
What a Bummer .... $2000 plus. With all the real crime going on you think they would have something better to do. 
Wrong place / wrong time - it's like winning the opposite of the lottery
Tip: Make sure all your lights work
Wrong place / wrong time - it's like winning the opposite of the lottery
Tip: Make sure all your lights work
