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gamewarden


slodge77

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So long as the DWI (driving while impaired) MN Law, is that of an alcohol offense. A drug DWI conviction would prob be a for sure no. Again some agencies are different. I know of cops who have had a DWI. These things come up during your background investigation. If it is current, it could look bad. Remember agencies are not looking for perfect people to be cops. They look for people who have "life expierences"

Prob didn't answer your question, but just some information to throw out there...

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  wplatehunter said:
Before the Law changed you could stop a vehicle with DWI plates for the plates alone. Now you need a reason to stop the vehicle just like any other vehicle.

Wplatehunter, I miss those days. Now you gotta get creative or hope the RO matches the same description of the driver.

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  jwmiller33 said:
whats a troll post?

AND whats the difference between a DWI and a DUI? i know what both acromyns stand for but what is the difference between them? is one more severe?

No difference, just what they mean, DUI- driving under influence. Some states call it that or DWI. Mn uses the DWI acromyn. Basing the arrest off of impairment, hence, DWI driving while impaired.

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  perch_destroyer said:
Originally Posted By: jwmiller33
whats a troll post?

AND whats the difference between a DWI and a DUI? i know what both acromyns stand for but what is the difference between them? is one more severe?

No difference, just what they mean, DUI- driving under influence. Some states call it that or DWI. Mn uses the DWI acromyn. Basing the arrest off of impairment, hence, DWI driving while impaired.

I thought that (DUI) is Driving Under Influence, and (DWI) was Driving While Intoxicated? Yes/No

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  jwmiller33 said:
why would you get a DUI if you were under the legal limit??? that doesnt make any sense to me

DWI is over .08 DUI can be under, think of it this way:

your driving is so bad after you have 2 beers that you crash, you may not be legally intoxicated (.08) but without those two beers would you have crashed? Thus Under the influence of the alcohol in your system.

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  jwmiller33 said:
why would you get a DUI if you were under the legal limit??? that doesnt make any sense to me

Think if it this way. Lets say you are a first time drinker or a light weight drinker. You go out and have a few too many. You drive off, strike a parked car...etc. The officer puts you through the field sobriety tests and determines that you have had too much to drink. You are arrested and provide a sample for the intox machine and it comes back .07. You are under the legal limit and wont be charged with half of MN DWI or DUI statue...which is operating a motor vehicle with a BAC or .08 or more within two hours. However, based on your driving behavior and the results of the field tests, you show a heavy impairment...you can still be charged with operating a motor vehicle while under the influence. Get it?

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I thought that was the difference between a DWI and DUI?

If you are driving bad then yeah I guess you do deserve a DUI. I guess it depends on what happens. Some people are just fine at the limit, like said above some people react different to alcohol then others.

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  jwmiller33 said:
that seems unfair to me.. anyone else?

Nope, seems perfectly fair to me. If I break the law, I deserve the ticket and everything that comes with it. It's the risk you take if you want to get behind the wheel after you've had a couple.

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  LEP7MM said:
Originally Posted By: jwmiller33
that seems unfair to me.. anyone else?

Nope, seems perfectly fair to me. If I break the law, I deserve the ticket and everything that comes with it. It's the risk you take if you want to get behind the wheel after you've had a couple.

ya but you wouldnt be breaking the law if you blew a .05

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If I blew a .05, I would be under the influence. In my particular case, 6 oz. of beer would put me beyond the ability to drive a car. In fact, 6 oz. of beer would put me in the hospital. So I simply don't drink beer. If I plan on drinking away from home, I either do it within walking distance of home, or I have a DD.

There's nothing wrong with people drinking, as long as they're smart about it.

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cliffy I about cried I was laughing so hard at your correction about it being a machine. Been there seen that. Deadeye to answer your question about DWI and DUI, DWI is driving while intoxicated, which would be used for alcohol. DUI is driving under the influence of either alcohol or drugs. You know they have to be so exact with how they word things.

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  jwmiller33 said:
so if you get pulled over after having a couple beers and you blow a .05, you still aren't legally too drunk to drive but you can still get a DUI? that seems unfair to me.. anyone else?

Ok, let me try to clarify this for you. Please remember these situation are not always black and white and a person has to take into account the totality of the circumstances.

Yes, there is the possibility that you could get arrested for DUI and have a BAC under .08 and still be charged with driving under the influence. The law has two basic parts. (A) operating a motor vehicle with a BAC level of .08 or more within two hours. (B) operating a motor vehicle under the influence of alcohol/drugs. These can be seperate charges..meaning you can be charged with one part and not the other.

Using your example, you have a few drinks and have a BAC level of .05.

You drive away from the bar and you are all over the road. People start calling 911 and watch you drive the wrong way on the interstate and smash into a wall. The officer puts you thru the field tests and you fail. You give a test and have a BAC level of .05. Are you in violation of part A as listed above? The answer is no. Are you under the influence? Probably yes? Law enforcement can use the evidence of your driving behavior and tests results to charge you with part B. Make sense? I realize this was a wild example but I am trying to make a point.

On the flip side, you go out and have a few beers. On the way home you get stopped for a taillight that is out. Meaning you had absolutely no driving behavior. The officer smells alcohol on you and you admit to having a few. The officer puts you thru the field test and you fail. You give a test and have a bac of .05. You can still be charged with part B based on your field test and BAC level but it is much more difficult for the state to get a conviction. Some prosecutors might not even charge it out. Remember its all about the totality of the situation...how crappy was your field tests...etc.

The bottom line is a lot of things "COULD" happen...meaning you might be arrested or you might not. You might be convicted or you might not. there are no black and white answers to the situation...every DUI is different...etc.

Cliffy

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169A.20 DRIVING WHILE IMPAIRED.

Subdivision 1.Driving while impaired crime.It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:

(1) when the person is under the influence of alcohol;

(2) when the person is under the influence of a controlled substance;

(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;

(4) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), and (3);

(5) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

(6) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(7) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Here is how it reads,fyi. Cliffy, nice job clarifying this.

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Not that I need the clarification as I dont drink and drive, but thank you guys for clearing it up. A couple of my freinds have gotten into that kind of trouble and I decided that its not worth it. It seems like a fuzzy line, but I see what the difference is now.

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