.08

[hanson]

Just a friendly reminder to those of you who like to sip a few cold ones after a good day of fishing.

Minnesota will become the last state to adopt 0.08 BAC as of tomorrow, August 1, 2005.

Be safe & responsible everybody!

[sakazulu]

Very good reminder! For just a taste of what this new law means to everybody, check this link http://www.1800duilaws.com/states/mn.asp

[Dave B]

Maybe next they can do something about the cell phone drivers.

[SCUMFROG]

It doesn't matter what the limit is. What matters is the laws and punisment that the offenders get out of. My ex-wife was hit by a drunk driver while she was parked. He had 12 DWI's, 6 of them after he had lost his license. And he never sent an hour in jail. I know this because I got his police reports and driving records. After he hit her of course he fled (to go back to the bar) and the police didn't even go talk to him.

I also lost my 3rd child to that drunk S.O.B. (my ex had a miss carriage, she was 6 months along.) So I have no fellings for those that choose to drink and then drive.

[JLsTyee]

My best-friend is a deputy Sheriff, and over the forth he brought alone his breath-a-lizer. We had been drinking all day, and I was to the point at which I said, "I cannot drive. I'm too drunk." I blew a .065... From that point on I was a strong supporter of the .08 law... We decided to drink ourselves over the limit of .1. Needless to say .1 is flat drunk...

[mtreno]

whow it must be way different from person to person. i had one beer and was a .059 on my buddies who happens to be a cop. three beers and i was just shy of .1 - 6 beers i was getting a good buzz and was at .12 i never even have one beer and drive anymore. but it was interesting to know that in theory you could have one beer and get a dwi

[hanson]

I could be a little wrong here, but I understand you can still get a DWI under the legal limit if the arresting officer feels that the amount of alcohol you have consumed is impairing your driving ability.

[JLsTyee]

Negative... They can choose to not let you drive, but cannot give you a DWI... Reckless driving yes, but not a DWI.

[cliffy]

I dont mean to start an agruement..but you are wrong.

When a person is charged with DWI and have given a breath, blood or urine sample that comes back above the legal limt...they are charged with two crimes that make up the DWI laws. The first is DWI-Driving under the influence. The second is DWI-.08 or more within two hours. This means the persons BAC level is .08 or more within two hours of the traffic stop.

So....Yes, you can be stopped and charged with just the DWI-under the influence...without giving a sample over the legal limit. This happens a lot in cases where people refuse to give a sample or due to the circumstances, the person does not give a sample within the two hour limit. It also happens when someone might have a bac below the legal limit but are so impaired that they can not drive...these cases are rare but they do happen.

[JLsTyee]

So basically if I am stopped and blow a .05 (breath,blood,and/or urine) I can be charged with a DWI?

[Dave B]

Yes, even if you are mowing your lawn on a riding mower. The law applies to any motorized vehicle (car, boat, snow mobile, scooter, lawn mower, motorized wheelchair).

[JLsTyee]

So what is the point of having a legal limit?

Talking to my buddy, if they are below the limit they get a free ride home... Unless they are breaking the law in some other way, obviously...

[cliffy]

Its all within reason. For example, lets say I stopped you for an equipment violation and by chance noticed alcohol on your breath. I would ask you to complete some tests....and you do well on the tests. I also ask you to blow into my PBT and it reads .05. Would I arrest you for DWI? Of course not! Would I let you drive away from the stop? Of course, I have no legal reason to stop you from driving.

Another example, I stop you for speeding, running a red light and hitting a parked car. I put you through the same tests and you do poorly. You blow into the PBT and its a .05. You very well might be below the legal limit but you are impaired to the point that you should not be driving. I would arrest in this situation.

A lot of what goes into the decesion to arrest depends on:

1.Reason for the stop. Driving behavior v. equipment violation

2.Officer's observations of the driver. Red/glassy eyes, slurred/mush mouth speech, smell of alcohol. Basic ability to answer simple questions...etc.

3.Field Tests....relating to memory, balance..etc.

If you think about it, its pretty complex situation with room for errors....not as easy as it looks on TV.

[JLsTyee]

10-4... Glad I've never been in that situtation, and will never let it happen. My wife and daughters are too important. I'll glad guys like you are willing to put your life at risk for the safty of others... Thank you!

[Willy]

Maybe they could give you a DWI for .05 and still impaired. But if you had a lawyer that was worth a squirt, he could get you out of that one. If you're under .08, I don't think it would be that hard to win a case, being as it is a judgement call. If a judge rules in favor of the police in giving you one, they would be setting a precedence that says you can still get a DWI under the legal limit.

[Dotch]

Quote:

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Yes, even if you are mowing your lawn on a riding mower. The law applies to any motorized vehicle (car, boat, snow mobile, scooter, lawn mower, motorized wheelchair).

---

Hmmm...not that I'm suggesting anyone do it but on my own lawnmower, mowing my own yard, on my private property??? Sounds like a bit of a stretch. On a public roadway, I can see. Just curious...

[cliffy]

Like I said before, a lot depends on why you are stopping the car. I have stopped tons of people who have been drinking, but based on my test, I didnt think they were over the legal limit.

I have arrested a few (less then 10 maybe) over the years that ended up being below the limit but were so impaired they couldnt drive...or walk a straight line...never lost one of them. They were only convicted of DWI-under the influence...and not the full DWI as many people think of it.

DWIs are getting harder and harder to beat in a court of law. MN has tough laws and many judges/juries dont feel sorry for people like they use to do in years past. Also, most Police Departments have video in the sqaud cars...and most of my DWI cases never go to court...have not been in a Jury/Judge trial since 1999.

The bottom line is to be careful and dont drink and drive.

[bucketmouth64]

DUI- driving under influence. Under limit.

DWI- driving while intoxicated. Over limit.

The DUI is the lesser of the two. Either case I wouldn't want either of them on my record. Glad I don't drink alcohol on a regular basis. I hope new law keeps more of the intoxicated people off the roads. And hopefully it will help prosecution easier.

[HEUY]

Dotch It is not a joke! Here in IOWA we had a person on they're own lawn driving a lawnmower and get nailed for an OWI. He had a CDL liscense also. BAD Deal! I'm not in favor of drinking and driving, but I've just had 2 beers and maybe I shouldn't be allowed to try to opererate a computer? But do not drink and drive! That can affect other people than yourself which in my mind is

wrong. As long as your actions do not adversely affect others I have a live and let live attitude, but is what you do affects me adverselly, than I am NOT happy.

[Darrell Larson]

Laws are passed and enforced to protect all of us, the trouble is the chronic drinkers or repeat DWI's obviously do not respect the laws that are there to be enforced. Even when their driving privileges are suspended they still continue to drive. How can law enforcement prevent this from happening? Would jail time help? Probaly not, because when they get out they will more than likely continue their lifestyle they had prior to the jail time. Something has to be done to protect us that do not drink and drive, not only on the highways but on our lakes as well. Here's hoping you all have a safe rest of the summer, and please be careful out there, a little common sense goes a long way.

I have a little story in regards to this drinking and driving. I was at a lake once and there were three guys sitting outside there van at the access, consuming beers, rather than go to the park area they decided to sit down by the lake, basically plugging up one of the access ramps, I asked them if they would not mind moving there vehicle so that I may load my boat, their response was not real positive. I avoided the confrontation that I'm sure would have resulted if I would have commented back, 3 against one, not good odds, I have had but rear kicked before and was not going to fight for a boat ramp. I chose to wait for one of the other ramps to open up. After loading the boat and storing my gear, there happen to be a county Sheriff cruise through the lot, he stopped and asked how fishing was, after idle chit chat I mentioned that there were 3 people causing a little problem at the access. He went down and I thought I might hang around at little while to see what was going to take place. He talked with these people for a while, and eventually these three (Contact US Regarding This Word) got in their vehicle and started driving, they went about 50 feet and on comes the lights in the Sheriff's car, the last I saw of the driver he was being cuffed and placed in the Sheriff's car. As I was getting ready to leave a local Police Officer showed up, I felt now I could leave and on my way out, I thought what a bunch of (Contact US Regarding This Word).

[Dave B]

BTW-Technically, you can also be arrested for DWI if you leave the bar and go sleep it off in the back of your car. If you have your keys on you and are drunk, you are said to be in control of that vehicle and can be arrested.

You dont even have to be on the road.

[Dotch]

Dave B: That one I was aware of but the lawnmower DUI/DWI on your own property is a new one on me. BTW, I don't drink and mow lawn. Mowing the steep road cut I do, one wants to be in complete control of one's faculties or you could wind up looking like you went through a food processor.

[wastewaterguru]

I don't buy that you can get a OWI, DUI, or DWI while on private property. I am no expert, but I don't believe that one. Someone please prove me right.

Hypothetically speaking......I am drunk and the wife kicks me out the door. I get in the car in my driveway with keys in my pocket and sleep it off in the backseat. There's no way you're gonna convince me that that's illegal without some reference to a precedent or specific statute.

I also don't buy that it's illegal to mow your lawn drunk...... unless the officer has probable cause that the public is in danger from your actions, or unless your driving back and forth across the public sidewalk.

[DougSpringBay]

Though I have not personal experience as does Scumfrog, IMHO--(which may not be very popular)-----

As far as operation of a Vehicle or boat on public waters or roadways, I would be in favor of 0, ZERO, ZIP, NADDA,

NO TOLLERANCE of any either alcohol or other impairing chemical.

NO ONE has the right to determine to what degree of impairment they should operate a vehicle or boat at, putting others at risk. It is just not right.

Doug

[Dave B]

Quote:

---

I don't buy that you can get a OWI, DUI, or DWI while on private property. I am no expert, but I don't believe that one. Someone please prove me right.

Hypothetically speaking......I am drunk and the wife kicks me out the door. I get in the car in my driveway with keys in my pocket and sleep it off in the backseat. There's no way you're gonna convince me that that's illegal without some reference to a precedent or specific statute.

I also don't buy that it's illegal to mow your lawn drunk...... unless the officer has probable cause that the public is in danger from your actions, or unless your driving back and forth across the public sidewalk.

---

So you believe you can be drunk on a private lake and not get a DUI? How about riding a 4 wheeler or motor cross bike in circles around your bike hammered at 2am-you believe the cops dont have the authority to arrest your for operating under the influence? A lot of public snowmobile trails go over private property-the police have no problem enforcing the law on these trails.

The law doesn't end at your property line.