Quote:
Originally Posted by Mr. V
I recall getting clients off on their DWI charges when their BA was .14 and sometimes .15.
The legal limit out here used to be .15.
The client would usually get pulled over for swerving or driving poorly, but then after the arrest, if they blew below the .15 requirement they would beat it, being legally deemed not intoxicated.
So how fair is it to lower it (to .08 out here) and convict today for what was not a crime yesterday?
.12 really will not lead to significant impairment, in the real world, at least for a seasoned drinker, which I suspect she is.
She could beat this rap ...
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The legal limits were changed to .08 at the bequest (lobbying), of the insurance industry, for apparently obvious reasons. The Feds gave the limit teeth by withholding highway funds, and effective way to get their way. There are far too many subjective, and technical data used in whether a person is impaired or not to get into that lengthy discussion. Three beers on an empty stomach can cause more impairment than several drinks over a few hours with food. Everyone is different, and so are the circumstances.
Since the BAL is one of two primary accusations for the State, the other being too fast for conditions/improper lookout, it will weigh heavily in this case. There was another case that would have delivered a far more serious penalty, if the perp had stayed around long enough to be tested shortly thereafter.
I hope for all families concerned this trial really is over this week, so they can go on with their shaken lives. I hope the reports on this forum will be contained to instruction and reflective, and be devoid of personal statements or agendas. Everyone needs to know what happened, and realize that you really cannot let your guard down. One slip up, and a tragedy can happen to anyone, anytime. The consequences to people and their families and friends are horrific, so I try to post as if this tragedy impacted me personally, and respect all those that might be reading.