blew .016 legal is .080

Previous | Next
 rated by 0 users
Latest post 10-18-2010 10:23 PM by Sharon - Community Moderator (Admin). 12 replies.
  • 10-17-2010 4:52 AM

    blew .016 legal is .080

    I was dd, I had a drink at 11pm, and sipped off of 3 drinks,   we left at 230am.

    I was driving home dropping people off headed to the last stop, a cop pulled me over for a brake light,

    He ran my plates, license, and insurance!

    Then another officer showed up, he asked me to step out of the car, and since he had smelled boze he wanted to do a sobriety test, I had told him I am diabetic and my eyes would be glossy from lack of sleep and/or high blood sugar from consuming mc'ds !

    I did the heel to toe walk and he said stop at 9 and turn around,  so when I got to 9 I said now which way do I turn, he then said keep going, so I got to 17 and then they placed me under arrest.

    about 3:15 I blew a .016 and did  a blood draw, I do not use drugs or prescribed, so I have not a clue why I was taken in for a DUI when I clearly blow under the legal limit, and medicial conditions would be signs of a DUI! I have lawyered up, but Do not understand why I have to pay all this money 700$ for car not including impound and a intial fee of 1200 for the lawyer, just to get this cleared when my Blood tests came back Negative for anything.  Am  I in the right to civilly sue the city/apd for money spent for incompentent officers?

    They had told me on the ride to the sub station that they are sure im over the legal limit.

  • 10-17-2010 10:14 AM In reply to

    Re: blew .016 legal is .080

    You drank.

    You drove.

    You pay.

    kryptekdta:
     legal is .080    
                

    Wrong.

    .080 is Driving While Intoxicated (illegal) and that will get you charged.

    Under .080 is Driving Under the Influence or Driving While Impaired. Any amount of alcohol can get you charged.

    Expensive lesson.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-17-2010 8:01 PM In reply to

    Re: blew .016 legal is .080

    You almost certainly do not have a viable action agaist the government or the officers.  The standard for an arrest is NOT the same as for a conviction.  See OJ Simpson...

    You are being charged because of their suspicions.  The officers don't have to believe that you don't use drugs.

    In the instructions for the walk and turn they tell you how to turn.  Your ninth step should have your left foot in front and you are to pivot on it with a series of small steps with your right foot.  The tests are about listening and following instructions as much as they are about not losing balance, etc.

  • 10-18-2010 8:16 AM In reply to

    Re: blew .016 legal is .080

    "I had a drink at 11pm, and sipped off of 3 drinks"

    So you had a total of four drinks in 3.5 hours, then drove a car.  At best it is OWI. 

    "He ran my plates, license, and insurance!"

    Standard procedure in every traffic stop.

    "Then another officer showed up, he asked me to step out of the car, and since he had smelled boze he wanted to do a sobriety test, I had told him I am diabetic and my eyes would be glossy from lack of sleep and/or high blood sugar from consuming mc'ds !"

    Being diabetic, consuming fast food, and high blood sugar does not cause you to smell of alcohol.  Drinking four drinks in 3 hours DOES.  The officer is not required to accept your rationale at the side of the road.

    "about 3:15 I blew a .016 and did  a blood draw"

    Are you sure it wasn't 0.16: TWICE the legal limit?  The amount of alcohol you admit to consuming would certainly cause a blow higher than .016. 

    "Do not understand why I have to pay all this money 700$ for car not including impound and a intial fee of 1200 for the lawyer, just to get this cleared when my Blood tests came back Negative for anything."

    Because they had reasonable suspicion you were impaired:  you smelled of alcohol, blew positive, and failed the FSTs.  Once charged they legally have to impound the car and their are fees for that.  Defenses are for trial and if you want one you pay.  If you can't afford a lawyer you apply for a PD.

    "Am  I in the right to civilly sue the city/apd for money spent for incompentent officers?"

    No.  They are immune from suit while performing their job within the scope of their duties.  Pulling a drunk off the road and charging them does not make them imcompetent.  It makes them diligent.  Kudos to them.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 10-18-2010 8:24 AM In reply to

    Re: blew .016 legal is .080

    I don't think you can sue the police officers.  For what, doing their job?

    You admit you had more than one drink.  That is enough for them to at least wonder about your ability to drive.

    .016 does not sound right if you had 3 or 4 drinks that night.  At about drink number 3 or so, you would probably be .08, depending on  your height and weight. 

    It really doesn't sound like the officers were incompetent.

  • 10-18-2010 8:25 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    Re: blew .016 legal is .080

    Its also possible that any combination of prescription drugs and alcohol combined with your medical condition could resut in a condition where your ability to drive was impaired and you could be convicted for same.  I think you were wise to use counsel!

    You have a right to sue--but I think such a case is a born looser --nothing you post suggests the police did anything wrong at all.



  • 10-18-2010 8:43 AM In reply to

    Re: blew .016 legal is .080

    Thanks for the replies, I meant 9pm.

    I called a lawyer saturday,  The charges are dropped my blood draw came up clean, so thanks for some of the 'sarcastic' replies,  it was .016 NOT .16   its a beer/shot an hour, i'm 6'3 252.

    Only have to pay impound fees, 90$.

    if you google DWI and Diabetes you'd think before you speak people :)

    I am deaf in one ear, I did not understand the officers request, when I stopped at 9 I asked what next he told me keep going, I kept walking in a straight line, it was a costly mis understanding, and it was a officer in training.

    They swore up an down I would of blown over .08, I had a drink spilled on me, and it was more like I had 2 drinks.  I mis wrote the post.  Can be deleted if it need to be !

    Thanks!  Hope someone else can learn from this?

     

     

     

  • 10-18-2010 8:48 AM In reply to

    Re: blew .016 legal is .080

    Actually on my 9th step I was on my left foot, as the offiers said at the station, No slurred speech, No swirving or erratic driving.  They said sorry and told me they hear the ' I just had a few beers' line often. 

    Clyde I had 2 drinks and stopped at midnight, I had left at 3:10am  and was pulled over at 3:15am.

     

    Yes reasonable suspicion  but as I told them my blood sugar was high and in fact it was 241, and considering I'm usually at '97 - 110'  I did appear impaired.

     

    Thanks again for the replies.  I know I did no wrong, If i felt I was over the limit I would of cabed.

    I work for the government and am a student. 

     

    Thanks!

  • 10-18-2010 9:36 AM In reply to

    Re: blew .016 legal is .080

    well, I'm glad it all worked out for you.

    Be careful on the diabetes thing.  That can, in fact, make you smell like alcohol.  And if you were to have a blood sugar problem that impaired your driving, well, even if you are not drunk, if your driving is impaired, you could find yourself in trouble.

     

  • 10-18-2010 10:09 AM In reply to

    Re: blew .016 legal is .080

    Drivers arrested for DWI in Alaska have only 7 days from the date of arrest to request a DMV hearing to avoid losing their license.

    Submitting to a FST is voluntary, but the PD wont tell you that. In the future, politely refuse to the FST. Evidence from a FST can be used against you. Refusing the FST only leaves a BAT result which is usually done well after the actual stop.

  • 10-18-2010 10:23 PM In reply to

    Hi mudpie-

    Please use caution when making definitive statem... to the op. Site rules prohibit legal advice, so it would be more helpful to frame your response as an opinion.

    Thanks,

    Sharon

Page 1 of 1 (13 items) | RSS

My Community

Community Membership New Users: Search Community