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View Diary: I oppose the NTSB's recommendation that DUI = .05 BAC. (252 comments)

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  •  There are field sobriety tests. (11+ / 0-)

    ...and most traffic stops are video-recorded these days, so if you fail one, it can be made pretty obvious to any judge/jury trying the case (they tend to show some good ones in driver safety classes).  

    Personally, I was surprised at how much alcohol it takes to reach a .08; there is no way I would try driving with that much, though I suppose I just have a relatively low threshold, and (like lunachickis says) there are others whose capacity is much greater.

    I was once stopped for speeding on my way home from a New Year's Eve party, but it was pretty clear the officer just wanted to make sure I wasn't drunk.  Shined the flashlight in my eyes, and engaged me in enough conversation to determine I was sober, and sent me on with a verbal warning.

    GOP Agenda: Repeal 20th Century.

    by NormAl1792 on Tue May 14, 2013 at 01:21:10 PM PDT

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    •  Seriously (0+ / 0-)

      filming it is surely less un-Constitutional than a breathalyzer. It might be as "arbitrary", but only if the person being tested has another medical reason for walking and driving erratically.

      Something like that can surely be proven at that point, don't you think?

      "The “Left” is NOT divided on the need to oppose austerity and the Great Betrayal. The Third Way is not left or center or even right. It is Wall Street on the Potomac."--Bill Black

      by lunachickie on Tue May 14, 2013 at 02:00:07 PM PDT

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      •  Part of the problem with sobriety tests (6+ / 0-)

        is that they unfairly affect people with disabilities. Someone who has a balance problem because of a disability is going to mess up on a sobriety test even if they are completely sober.

        If debt were a moral issue then, lacking morals, corporations could never be in debt.

        by AoT on Tue May 14, 2013 at 03:25:20 PM PDT

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        •  Not if that disability (3+ / 0-)
          Recommended by:
          AoT, Andrew Lazarus, Be Skeptical

          Is pre-existing.  My cousin is a defense attorney and he's mentioned this to me before.  Usually, though, a failed field test requires more tests back at the station. He gets everyone off that's failed the field but passed the other tests when authorities continue prosecution.

          •  I didn't mean that they would get convicted (2+ / 0-)
            Recommended by:
            Angryallen, Ginny in CO

            necessarily. Just that they could likely get arrested and have their car compounded and all the money and nonsense that goes with that.

            If debt were a moral issue then, lacking morals, corporations could never be in debt.

            by AoT on Tue May 14, 2013 at 03:48:07 PM PDT

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        •  Not sure if it qualifies as a 'disability' (2+ / 0-)
          Recommended by:
          unfangus, Hubbard Squash

          but I know multiple people who struggle with low-grade anxiety who flunked sobriety field tests.

          Godwin's Rule of Nazi Analogies: once such a comparison is made, the thread is finished and whoever mentioned the Nazis has automatically lost whatever debate was in progress

          by GoGoGoEverton on Tue May 14, 2013 at 03:44:33 PM PDT

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        •  Thank Breathalyzers because this happened to me (4+ / 0-)

          I'm pretty clumsy, and it was cold and drizzling, got arrested after failing a walk-straight-line sobriety test. Breathalyzer had me at a zero: charges dropped. The cop told me the local DA had lost his only daughter to a DUI driver; they treated it as a high-priority crime.

          I don't have a problem with these tests as long as they include some chemical test for those of us who got picked last at recess.

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