DUI

[Bassman Ia.]

Read in the paper where a 23 year old woman was charged with DUI after a fatal accident. Her BAC was 0.066, isn’t that below the BAC for a DUI? She admitted to the cops she had drank

this is is a quote——->. ‘ More than one, but less than two, shots of vodka”

She ran into the back of a 1995 Tahoe that stopped on the freeway, sending him down an embankment. Not wearing a seatbelt he was thrown from the vehicle

[skeeterator]

Here it's .08, different laws for different states?

[Axkiker]

For some reason I was thinking another above like .05 they can charge you with DUI if they want. Above .08 is the guaranteed reading.

But I could be totally wrong.

[jlg309]

.08 is “presumption”; meaning go over that limit you are presumed drunk. Most states will allow a conviction with a lower level of alcohol, but the burden of proof is much higher. In this case her .06 would play a factor along with the fact she had a high speed rear end collision.

[Tx Champ]

.08 is “presumption”; meaning go over that limit you are presumed drunk. Most states will allow a conviction with a lower level of alcohol, but the burden of proof is much higher. In this case her .06 would play a factor along with the fact she had a high speed rear end collision.

... and probably failed a field sobriety test

[RyanJ]

Good lawyer will get her out of that one!

[ECobb91]

I ain’t no lawyer but Here it would be a DWAI for driving while ability impaired. In NY 0.05-007 is DWAI, then DUI is anything over 0.08 and also included prescription medication as well. Because she caused an accident and there was a personal injury and property damage there’s no way she’s getting out of it. Different states have different laws and I’m willing to bet she’s gonna get her license taken away

[stratos284]

DUI = driving under the INFLUENCE = been drinking
DWI= driving while INTOXICATED = drunk

2 different things.

[Dan21XRS]

Not all folks react to alcohol the same. They may argue that at 0.066 that she was legally "under the influence"... Maybe hard to prove, but the burden will be on the prosecutor to prove guilt... Prayers to those involved... Dan

[BigSexyPhoenix]

The limit lowers if you’re involved in a crash

[badgerbass]

You can be charged for OWI at any BAC...if your run through fields and you fail, and you blow a .05 your still impaired(under the influence). Plus there may have been drugs on board. In Wisconsin there are two charges...operating under the influence or operating with prohibited alcohol concentration (.08 or greater).

[hugo_stiglitz]

Charged with DUI, but I'd bet money she was distracted by a phone over .06 BAC causing the accident. She gave them a case with her admission, probably thought admitting to a wee bit of alcohol was better than admitting to phone distraction. Lawyer would tell her to say nothing, best advice to anyone prior to an investigation of your possibly criminal actions.

[jlg309]

Charged with DUI, but I'd bet money she was distracted by a phone over .06 BAC causing the accident. She gave them a case with her admission, probably thought admitting to a wee bit of alcohol was better than admitting to phone distraction. Lawyer would tell her to say nothing, best advice to anyone prior to an investigation of your possibly criminal actions.

I would guess in this particular case she had a odor of alcohol coming off her. .06 is still several beers worth of alcohol. With a fatality, they would take a breath or blood sample with or without her consent. Yes, her making a statement to the cops did her no favors, but she was still looking at getting charged anyway.

[exx1976]

I ain’t no lawyer but Here it would be a DWAI for driving while ability impaired. In NY 0.05-007 is DWAI, then DUI is anything over 0.08 and also included prescription medication as well. Because she caused an accident and there was a personal injury and property damage there’s no way she’s getting out of it. Different states have different laws and I’m willing to bet she’s gonna get her license taken away

Actually, NY is dwai and dwi.

[LTZ25]

Agree see should have said NOTHING .

[big_o_tom]

Why was the tohoe stopped on the freeway?

[juice780]

DUI = driving under the INFLUENCE = been drinking
DWI= driving while INTOXICATED = drunk

2 different things.

not in nc. They mean the same in nc and are charged the same. You don’t have to blow .08 to get one. If the officer thinks she is to impaired to drive and in this case it looks like she was being in a wreck. She admitted to drinking so she can be charged.

[rao]

dui = driving under the influence of anything..........medication included
and yes
the limit lowers if you involve cash

[Bassman Ia.]

Why was the tohoe stopped on the freeway?

Who knows---- it's Omaha, 1AM maybe he was DUI also. Almost was involved in several wrecks yesterday due to red light runners.

[billspence]

Read in the paper where a 23 year old woman was charged with DUI after a fatal accident. Her BAC was 0.066, isn’t that below the BAC for a DUI? She admitted to the cops she had drank

this is is a quote——->. ‘ More than one, but less than two, shots of vodka”

She ran into the back of a 1995 Tahoe that stopped on the freeway, sending him down an embankment. Not wearing a seatbelt he was thrown from the vehicle

This is getting good now. From the above post, the BBC CSI team now has her in a high speed collision, failing a field sobriety test, distracted with a phone, possibly having drugs on board, and smelling of alcohol.