Are DUI Laws just a little to strong….just a little?
My son-in-law was given a DUI early this march. He has a perfect driving record up to now. You maybe thinking GOOD, another drunk off the road (I would too until you hear the facts). First, he wasn't drunk, he had a small drink of my daughters beer...I mean a mouth full. Well they were pulled over ...
My son-in-law was given a DUI early this march. He has a perfect driving record up to now. You maybe thinking GOOD, another drunk off the road (I would too until you hear the facts).
First, he wasn't drunk, he had a small drink of my daughters beer...I mean a mouth full. Well they were pulled over at 1:30 am, leaving my house. The officer asked if he had anything to drink...he said that he had a small drink of BEER...well the next thing you know he's in JAIL. He drives a truck and he also lost his job the next day, they have spent 00 for a lawyer and looking at a 00 fine and 3 days in jail & 6 Month sup of licence. I just talked to my daughter & they can't make April's house payment (I will). My daughter asked him why he didn't tell them he was just discharged from the Marines and WHY did you tell them you had 1/2 oz of beer....he said it's because he lives by honor...his word!
I'm so PO'd
is this fair....or am I too close to this to be objective?
In Ohio you don't have to register anything, just the FACT he admitted to sipping a beer in AGAINST our laws. Please read myths about DUI on the Ohio web-site...you can also be charged for riding a bike and drunk
Yes, you are definitely too close to be objective. If he was over the limit, then that’s it. Even a little beer can effect your judgment, and people’s lives are at stake. Regardless, he did NOT "just" have "a mouthful," or he would not have been over the limit. Period. Everyone knows the laws. You are responsible for your actions. Your son-in-law knew the law. And he chose to ignore it. Whether he was a Marine or father or laborer is completely irrelevant. If he was over the drinking limit, then his driving could have been impaired, and someone could have been killed. That’s the bottom line. The law is just about right, if it isn’t too lenient.
NO.. They need to be stronger. People forget driving is a privilege. You would feel the same way if he was the one that killed a member of your family.
Sorry
Did they breath-test him? If they did, he should be off the road and it’s good that he got banned. If they didn’t, he can probably take them to court, because the law does NOT demand a 0% alcohol content. And a half ounce of beer is not in any way over the legal limit. In some jurisdictions it’s as high as 40 oz, depending on the person’s size etc.
Your son may have told you he only took a sip, but maybe he lied to you and the breathalyzer read higher. Maybe you can hire a lawyer and get the breathalyyser test thrown out.
No not at all !
they need to be STRONGER STRONGER in 6th grade i had 4 friends die and 1 family member die be cause some body just had a swig of beer
This doesn’t add up. Someone is pulling someone’s leg.
I dont think the punishment is too severe but I do think the drinking limit is way too low. Seriously!-people can play a mean game of golf after 8 beers but not drive a car after 2?!
Perhaps the law here in Canada is different, but the person would have to provide a breath sample and a "mouthfull" of beer wouldn’t make you blow over so you wouldn’t get charged.
We don’t put people in jail for admitting to consuming alcohol befoe driving, you need some sort of evidence to go with it (breath test reading, impaired driving evidence).
Refusing a breath sample can get you charged here, did he do that?
Sounds like there is some part of this story that has been left out.
Yeah, you are too close to be objective, so just go by the facts and the love you have for your daughter.
First things first, find out if he was tested and what he tested at … was he indeed drunk?
If he was drunk, then my advice is to help them out as best you can and move on. Hopefully this will teach the young couple what drinking and driving can do to your life.
If he was not drunk, then I’d advise you to help them out as best you can, get a good lawyer and sue the city.
Oh and either way it turns out for you (I hope for the best), please remind Mr. I – live – by – my – honor, that it’s not very honorable to be unable to care for you wife and family because you are in jail. The honorable thing to do would have been to diffuse the situation by saying that no, he had had nothing to drink and everyone could have gone on their merry way.
The law is VERY unfair in this case.
1/2 oz. of beer would not have made him DUI. On average a person would have to consume about 4-6 12oz. beers before reaching the legal limit. Before arresting him the officer should have given him some field sobriety tests that he would have had to fail (or refuse) in order to give the officer probable cause to make an arrest. The police should have also given him a Breathalyzer in which he would have had to fail (or refuse) in order to get a conviction in court. Unless your son is under the legal drinking age and your state has a zero tolerance law.
I am guessing at much of the unsupplied information. From the "tanned" icon, I am guessing harsh treatment may have had something to do with racial reaction. This may explain how someone felt confident in not following correct procedure and not quantitatively documenting the exact state of intoxication, if in fact that is the whole story, not above supplied. "If" all is as I now postulate for this discussion, the laws of the state have not been followed by the arresting officers, and a serious tort case has emerged. Intoxication is legally determined by chromed meters, or perhaps an expensive balloon. An officer’s suspicions, and a suspect’s admitting of a simple history of consumption which is claimed to not affect present blood alcohol levels to illegal status, are justifiable detainment for further investigation, but by themselves are not sufficient for conviction under law. However, if uncontested, guilt is necessarily assumed by the system. Such cases have eventually resulted in monetary damages of startling amounts, anywhere not in the deep South, also not specified. In the deep South, such tort cases have often resulted in "creative solutions" by unknown arbiters. News coverage may well result in safety. If future justice for the many will be served by trouble for a few in what may well become a "local precedent case", one must do what one must do. As soon as possible, an attorney must properly file the papers, as there is a rapidly approaching deadline. (Did I mention that I do not support drunk driving, and consider it as felony reckless endangerment of that carload of kids over there?) You didn’t hear any of this from me, I was never here!
Someone is not telling the truth here. When arrested for DUI, you take a breathalizer or blood test. With just a "sip" of beer, he would not be above the .08 required to be arrested for DUI. If he was stopped and refused the breath test, most states automatically suspend the license for a set amount of time. methinks your SIL "forgot" some facts to you.
First off the cop had no right to arrest him because as it sounds he didn’t issue any field sobriety tests or even a Breathalyzer test. And he didn’t get his blood tested either. If I were him I would get a lawyer and the him this same story you told us. The lawyer will tell you that the cops had no right to do what they did. He is innocent because they didn’t get any evidence proving that he was drunk. All the cops know is that he had a sip of beer that night and that’s not enough evidence to convict in court. FIGHT IT YOU WILL WIN.
ok i read the other answers and while i do agree drunk driving is wrong here are a few things you should know. YES they are crazy laws especially in WA state. I do know for a fact though that a swig of beer will not make the BAC level a .08 or higher. Another thing is if you are anemic this has a drastic effect with the bac level. Another issue is most police do not know how to use the BAC testers. another thing is they probably clean the BAC testers with alcohol swabs. Another thing is the BAC has had a real runaround and most of the time the testing will get thrown out of court. If he has clean record the most he will get is…
mand. 24 hours in jail..
max fine of 1500
susp. license more than likely for 60 days
an interlock device placed in his car (disc of the DOL)
wont be able to work driving a truck for like 7 years
hard time with finding jobs that require any driving
possible probabtion and possible community service
DUI laws suck especially when if you actually research it someone depending on size can blow a .08 or higer from one beer
another thing to keep in mind the BAC test was made for one single person that has absolutely nothing wrong with them. it was created for the perfect person. a person with no diseases nothing that could make readings unclear. So for instance a person with high blood pressure or anemia could blow a .10 when the BAC is really a .08 and FST (field sobriety tests) are given by cops not psychologists. Also again FST are created for the perfect individual. I don’t know about you but I cant walk a straight line if i was on adderall
(<–also going through DUI process and its going to ruin my whole schooling im about to be finished with *flush* 20,000 down the toliet)
hope this helps
Looks like you’re are to close for the story he told you was bogus.
I can agree that the laws for DWI are nuts ever since MADD hit the scene back in the seventies and the legislatures keep dropping the level of alcohol required to be considered drunk.
In most states, driving after drinking is allowed as long as you aren’t over the legal limit of 0.08% BAC AND the alcohol isn’t impairing your ability to drive. If neither was the case, then he can definitely contest the citation. I’m not sure what his lawyer did, but it sounds like he pleaded guilty to whatever they charged him with.
If your son got discharged from the marines, that meant that he was at least 21. (17 years of age + a four year tour of duty.) That meant he was the legal age to drink — which meant his legal Blood Alcohol Content (BAC) limit to drink was .08.
Let’s assume that he weighs 160 pounds, and drank 1 full beer in one hour. We know he’s healthy, because he’s in the Marines. That would put his BAC at approximately .02. To get to .08, he would have to drink 4 beers in one hour, or weigh less than 160 pounds (which is possible, if he were very lean).
Logically, something about the "mouthful" of alcohol just doesn’t add up.
A sip is a sip. It’s still alcohol. A small amount of alcohol COULD impair some people’s ability to drive and make decisions. If someone feels the need to drink, even a little, then they need to have someone drive them. I think he did the right thing by telling the police he drank. Granted I do feel his punishment is a little harsh, but if you do the crime, you have to do the time…
He obviously had more than one "sip". If he only had one half ounce, he wouldnt have gone to jail. He was obviously IMPAIRED. Hope he learned his lesson.
Most states (Colorado does) have a zero tolerance for minors and alcohol, even if it was just a "swallow". BEER will still get a minor buzzed, which is considered DWAI (for adults) and DUI for minors. If your son is over the age of 21, then he would have had to have more than just a "mouth full" of alcohol. DUI laws are in place to protect innocent motorists on the road, and they are not too strong. I can’t tell you how many times I’ve responded to fatal DUI accidents on the interstate and how many families were damaged because of this. Something about the "just a mouth full" isn’t sounding correct..I think he may have only told a half truth.
not at all, people who have been repeat offenders are still driving. I think one strike and you lose your license, maybe not forever, but for several years, maybe at the end of that time that individual would grow up.
he deserved what he got. what if he got in accident with your daughter inside the car and killed her. im almost willing to bet that he had more then just a small drink of beer. try telling someone mom that there son or daughter was just killed by a drunk driver…i can deal with a lot of thing as a police officer but duis, thevies, and liars