And the Snake slithers away... AGAIN.

[RWS]

http://www.wkrg.com/caught_on_camera/article/stabler_admits_he_was_drinking/20259/

justice for all

yeah, he said he had been drinking on the video. another common misconception is you HAVE to be .08 or higher to get charged with DUI. you can be .04 and still be charged with DUI. it is not illegal to drive with alcohol in your system, it is only illegal to drive with alcohol in your system and you are impaired to the point you cannt safely drive. proving a .04 DUI becomes way harder than a regular DUI. personally i think they need to change the law to say that if you have ANY alcohol in your system while driving your ass goes to jail. if he is back in the booth next year i will be pissed.

[War Eagle!!!]

personally i think they need to change the law to say that if you have ANY alcohol in your system while driving your ass goes to jail.

No way man...I can enjoy a nice dinner with a beer or 3 and be fine to drive. I am of legal age, don't act like a fucking idiot and am mature enough to have a couple of beers with dinner and fully function. I don't need for a law to be passed just because people like the snake can't get their shit straight...

Why should I be punished because other idiots can't control themselves?

[RWS]

No way man...I can enjoy a nice dinner with a beer or 3 and be fine to drive. I am of legal age, don't act like a fucking idiot and am mature enough to have a couple of beers with dinner and fully function. I don't need for a law to be passed just because people like the snake can't get their shit straight...

Why should I be punished because other idiots can't control themselves?

if you drink a beer or three and are functional enough to drive then you won't get pulled over and have nothing to worry about.

[AWK]

yeah, he said he had been drinking on the video. another common misconception is you HAVE to be .08 or higher to get charged with DUI. you can be .04 and still be charged with DUI. it is not illegal to drive with alcohol in your system, it is only illegal to drive with alcohol in your system and you are impaired to the point you cannt safely drive. proving a .04 DUI becomes way harder than a regular DUI. personally i think they need to change the law to say that if you have ANY alcohol in your system while driving your ass goes to jail. if he is back in the booth next year i will be pissed.

Um, If they arrest you for anything under .08 and you are over 21 then they CAN NOT arrest you for a DWI.  They can arrest you for a DUI, however, they must prove you were under the influence of a substance other than alcohol.  If they can't, then you can be charged with absolutely nothing.

[RWS]

Um, If they arrest you for anything under .08 and you are over 21 then they CAN NOT arrest you for a DWI.  They can arrest you for a DUI, however, they must prove you were under the influence of a substance other than alcohol.  If they can't, then you can be charged with absolutely nothing.

DWI/DUI/OUI is all interchangeable and basically the same thing, such as with UPA and MIP....its just a matter of acronym and all centers around your ability to operate. if you are .04 and cannot drive a vehicle safely, you are DUI, DWI, OUI, DMFBTW (drunk mother fucker behind the wheel), GTBBBBFTN (going to be bubba's butt buddy for the night), or whatever you want to call it. basically what you're saying is if i'm .04 and swerving all over the road taking out mailboxes and babies that the office will pull me over, write me a ticket and cut me loose? negative.

[AWK]

DWI/DUI/OUI is all interchangeable and basically the same thing, such as with UPA and MIP....its just a matter of acronym and all centers around your ability to operate. if you are .04 and cannot drive a vehicle safely, you are DUI, DWI, OUI, DMFBTW (drunk mother fucker behind the wheel), GTBBBBFTN (going to be bubba's butt buddy for the night), or whatever you want to call it. basically what you're saying is if i'm .04 and swerving all over the road taking out mailboxes and babies that the office will pull me over, write me a ticket and cut me loose? negative.

They cannot charge you for DRIVING UNDER THE INFLUENCE OF ALCOHOL if you blow under a .08 and you are of age.  I'm sorry man, that is the law.  They can try to arrest you for driving under the influence of another substance, but they have to prove that via a blood test.  If not, they will let you go 24 hours later with no charges.

[kirkAU]

They cannot charge you for DRIVING UNDER THE INFLUENCE OF ALCOHOL if you blow under a .08 and you are of age.  I'm sorry man, that is the law.  They can try to arrest you for driving under the influence of another substance, but they have to prove that via a blood test.  If not, they will let you go 24 hours later with no charges.

absolutely correct
0.08 is the key number

[War Eagle!!!]

if you drink a beer or three and are functional enough to drive then you won't get pulled over and have nothing to worry about.

So are you saying that you have never sped or run a red light or rolled through a stop sign while having ZERO alcoholic drinks?

Your point is a stupid one...if I screw up and have had 3 beers, no matter if the 3 beers are at fault of my screw up, then I should be punished with a DUI in your opinion? That's stupid...

[AuburnChopper 3.0]

Consider the source folks...  He's a dispatcher, not the fucking legal archives....   Not making fun scissors, just pointing out that you might not be the know all end all here....

Don't get pissy....

[Argo]

They cannot charge you for DRIVING UNDER THE INFLUENCE OF ALCOHOL if you blow under a .08 and you are of age.  I'm sorry man, that is the law.  They can try to arrest you for driving under the influence of another substance, but they have to prove that via a blood test.  If not, they will let you go 24 hours later with no charges.

You can be charged with a DUI if you blow a .04, but you have to behind the wheel of a commercial vehicle.  Otherwise, AWK's right, .08 is the law. 

basically what you're saying is if i'm .04 and swerving all over the road taking out mailboxes and babies that the office will pull me over, write me a ticket and cut me loose? negative.

In this scenerio, no, you aren't going to be cut loose.  You will be going to jail for a crap load of traffic violations, but DUI won't be one of them. That is, unless you refuse to blow which WILL land you with a DUI charge and a 21 hour visit to the local detox cell.

[RWS]

So are you saying that you have never sped or run a red light or rolled through a stop sign while having ZERO alcoholic drinks?

Your point is a stupid one...if I screw up and have had 3 beers, no matter if the 3 beers are at fault of my screw up, then I should be punished with a DUI in your opinion? That's stupid...

i have never drank the first sip of alcohol and driven. ever. if i drink i make sure i have a DD or i am able to crash where i am drinking.

[RWS]

Consider the source folks...  He's a dispatcher, not the fucking legal archives....   Not making fun scissors, just pointing out that you might not be the know all end all here....

Don't get pissy....

and as dispatchers, we have to study the law just like an officer does. i also double doing corrections right now until they get another person hired to replace me so i can go corrections full time. being in corrections, same thing, you have to know the law just like the officers so you can make sure they are charged correctly.

i promise you when i am a .04 or .05 there is no way i could drive, because alcohol reacts with me real well. .08 is the legal limit unless you are otherwise unable to safely operate the vehicle while under the influence of alcohol. we've had people in here .05 and .06 that have been charged and CONVICTED of DUI because the evidence clearly showed that they could not safely operate the vehicle while they are intoxicated. do you really think i haven't asked an officer about that? do you work in the criminal justice field? you're not the legal archives yourself, so who the fuck are you to call me an idiot just because i dispatch? you certainly are not the end all be all because you don't know what the fuck you're talking about.

[AuburnChopper 3.0]

and as dispatchers, we have to study the law just like an officer does. i also double doing corrections right now until they get another person hired to replace me so i can go corrections full time. being in corrections, same thing, you have to know the law just like the officers so you can make sure they are charged correctly.

I hear ya, you're like a little crimson garbed whoop ass Judge Dredd sitting there at your microphone.  Forget knowing the law, YOU ARE THE LAWWWW!!!

Good lord, excuse me Captain Corrections for not thinking you are the go to source for all things DUI related.  I should have known that you were at the same level as Deputy Dipshit patroling Main St.

i promise you when i am a .04 or .05 there is no way i could drive, because alcohol reacts with me real well. .08 is the legal limit unless you are otherwise unable to safely operate the vehicle while under the influence of alcohol. we've had people in here .05 and .06 that have been charged and CONVICTED of DUI because the evidence clearly showed that they could not safely operate the vehicle while they are intoxicated.

Here's where you go all David Banner on us...
 

do you really think i haven't asked an officer about that? do you work in the criminal justice field? you're not the legal archives yourself, so who the fuck are you to call me an idiot just because i dispatch? you certainly are not the end all be all because you don't know what the fuck you're talking about.

 

I love it when someone completely craps their slacks in the middle of the room for all to see.

Oh, and also while you're having your moment of rage, please go back and find where I called you an "idot", or offered legal advice as you've tried to do.  Good luck with that.

 :thumbsup:    Good to have you here scissors.

[War Eagle!!!]

i have never drank the first sip of alcohol and driven. ever. if i drink i make sure i have a DD or i am able to crash where i am drinking.

You missed my point dip shit. My point is people speed, run red lights and roll through stop signs without having alcohol in their system. Now, you want to add a DUI on top of that even if you have only had a couple of cock tails at dinner...

My point was, if alcohol is not a factor in driving reckless, then there should not be a dui associated with it...

Oh yeah, congrats on never drinking a sip and driving...

[RWS]

You missed my point dip shit. My point is people speed, run red lights and roll through stop signs without having alcohol in their system. Now, you want to add a DUI on top of that even if you have only had a couple of cock tails at dinner...

My point was, if alcohol is not a factor in driving reckless, then there should not be a dui associated with it...

Oh yeah, congrats on never drinking a sip and driving...

my point simply is you shouldn't drink and drive period. if you can't manage to obey simple traffic laws when you are sober, how the fuck do you think you can do it after drinking?

[AuburnChopper 3.0]

my point simply is you shouldn't drink and drive period. if you can't manage to obey simple traffic laws when you are sober, how the fuck do you think you can do it after drinking?

This is deep.  A real "get your attention" type point.  Please, tell us more.... 

[War Eagle!!!]

my point simply is you shouldn't drink and drive period. if you can't manage to obey simple traffic laws when you are sober, how the fuck do you think you can do it after drinking?

Oh...I absolutely see your point now!!! I am sorry man!!!

So are you telling me you have never gotten a ticket, ever sped, or accidentily ran a red light?

[Rancid Milk]

You missed my point dip shit. My point is people speed, run red lights and roll through stop signs without having alcohol in their system. Now, you want to add a DUI on top of that even if you have only had a couple of cock tails at dinner...

The couple of cocktails you had at dinner may truly not have a significant impact on your driving ability at the time, but if you commit a traffic violation at that moment and get stopped for it, having had something to drink muddies the water a WHOLE lot and cannot completely be discounted as a factor.

[War Eagle!!!]

The couple of cocktails you had at dinner may truly not have a significant impact on your driving ability at the time, but if you commit a traffic violation at that moment and get stopped for it, having had something to drink muddies the water a WHOLE lot and cannot completely be discounted as a factor.

I disagree. How can you say that the drinks "may truly not have an impact" and "having had something to drink muddies the water a whole lot" in the same sentence? I am over legal drinking age, and I like to enjoy a drink, maybe 3 at dinner. I can handle that, did not act irresponsibly, and should be able to drive me and my family home. That's it...that is all I am saying. it should not be illegal for me to drive my family home after 3 beers...

[AuburnChopper 3.0]

I disagree. How can you say that the drinks "may truly not have an impact" and "having had something to drink muddies the water a whole lot" in the same sentence? I am over legal drinking age, and I like to enjoy a drink, maybe 3 at dinner. I can handle that, did not act irresponsibly, and should be able to drive me and my family home. That's it...that is all I am saying. it should not be illegal for me to drive my family home after 3 beers...

I think you two are on the same page actually.  I think you're breaking it down a little deeper to try and manufacture debate where there really isn't WE!!!....    All Rancid was saying (and I agree because it's common sense), is that it COULD muddie the water, even if you had a minor ANYTHING in a moving vehicle, even if it's a little goof you would have made cold sober, and after drinking capri suns all night.  I get that.  I hear what he's saying, and he's not taking issue with what you're saying W.E....

Am I wrong here?   I think this debate is dead.  JMO...