Drunk Driving Laws...

What do you think the Legal Blood Alcahol limit should be?

  • 0 Tolerance!

  • Below the current 0.08.

  • It should be back at 0.10

  • It should be 0.12

  • It should be higher then 0.12

  • There should be no legal limit!

  • Keep the Limit at 0.08 - As per the request of the originator


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Cruentus

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I've never had a DUI before, because I am careful.

I also have sympathy for anyone who has lost a loved one to drunk driving.

However, I do feel that too often alcahol is demonized by special interest groups such as MADD, NCADD (http://www.ncadd.com/), and others.

Now, my goal isn't to demonize groups like MADD or SADD, because they do a lot of positive work in the community. But, I do feel that many activists often forget that we live an america, and that we have the right to drink. I think that Alcahol statistics are often inflated to unrealistically demonize the substance by these groups. Why? Well, losing a son or daughter can be very tragic and emotional, and I think that activists are often looking for something to blame. Alcahol provides a good scapegoat. What is not realized is that sometimes accidents just happened, regardless of what influence the person may be under. Often times, when alcahol is blamed for fatal accidents, the alcahol blood content level of the offender is below the legal limit.

So, because these groups are looking to place blame on something, more and more biased research comes out to support the claims that alcahol is an evil substance. On the NCADD site above, you can see all kinds of evidence supporting the new 0.08 limit (the now new legal limit in Michigan and many other States). Example: In one piece of evidence, they highlight that men's driving skills are "significantly affected" at 2 drinks. There is no indication, however, as to what "significantly affected" means, or the scientific basis behind it. Also, the information is doubtful, given that at 2 drinks, I (a 220 lb make) would only be at a 0.03 (statistically not affected by the alcahol at all) compared to 100 lb female who would be at 0.09. An example of biased statistics at its best.
(See chart: http://www.ncadd.com/08_impairmentcharts.cfm)

All this is able to occur because their is no strong organization to oppose groups like NCADD, or MADD. If I started a group like IDFA, Irish Drinkers for America, or something like that, how many would join? People aren't as passionate about drinking because "not drinking" didn't kill their son or daughter. Furthermore, groups like MADD DO do good work when they aren't participating in logical fallicies and emotionally based arguements and research. However, a major factor is the emotional arguement. How do you argue against emotional arguements like, "My son was killed at 17 by a drunk driver. Alcahol killed my son, so no one under any kind of influence should be behind the wheel! 0 Tolerance!" ??? As illogical as the arguement is (for one, we often aren't told the actual blood alcahol content of the driver, and for two, "alcahol" didn't "Kill" her son; if anything it would have been the driver who decided to get behind the wheel while drunk, provided that he actually was drunk) it is very difficult to argue against someone who has lost a loved one.

Now, if we look at the chart provided here we see a number of things ("Relative Risks of Fatal Crash As a Function of BAC):
http://www2.potsdam.edu/alcohol-info/DrinkingAndDriving.html

The main thing that we see is that the chart doesn't start to truely rise exponentially until the 0.12 BAC mark. The arguement behind the 0.01 legal limit was to set the limit BEFORE you were to be considered truely intoxicated to drive. Now, of course, new arguements have pushed the limit down to 0.08.

I don't by the idea that setting lower and lower limits is the answer. We don't throw people in jail for wanting to kill someone, for instance, but we will do so if they threaten or attempt too. To do so would be a restriction on our civil liberties. Thus, setting a legal limit below what would be considered "too drunk to drive" is a restriction on our civil liberties as well in my opinion. Despite what interest groups say, drinking and driving, as long as your not impaired, is our right.

So, I propose that we raise the limit to 0.12, where the statistics show that that is the breaking point for most people in determining intoxication. Bottom line: we have the right to drink and get behind the wheel, just as long as we aren't impaired. 0.12 and below is not impaired, despite what special interest groups and biased research wants you to think.

What are your opinions?

:supcool:
 
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I'm pretty conservative when it comes to this. I've never regretted taking a cab home. I suspect I was probably fine to drive, but damn. I don't want to risk hurting somebody let alone the cost and hassle of a DUI.

I suspect that a higher BAC for driving might technically, be acceptible, but end result would be more drivers blowing a 0.18 on the road...

As with many things in our society, the responsible people are the ones who find limits on their freedom.

edit I don't see a vote for keeping it at 0.08 up there. (my choice)
 
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Cruentus

Cruentus

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http://getmadd.com/Canada .08BAC study.htm

The link above provides some more evidence in support of my point.

"The function of a BAC limit may be to inform the public that the consumption of alcohol beyond a certain point is considered illegal and dangerous when combined with driving. The specific point at which driving after drinking crosses the line between acceptable and unacceptable behaviour may be of relatively little consequence. This is because the general public has only a very superficial understanding of the relationship between alcohol consumption and BAC particularly in terms of their own behaviour. Most do not have access to facilities to measure their own BAC and, hence, must make the decision about driving based on their own subjective assessment of the extent to which alcohol has adversely affected their ability to operate a vehicle safely. Merely knowing a limit exists and that the limit is reasonable may be sufficient to ensure that responsible citizens will attempt to comply with the law by drinking moderately and/or making alternative transportation arrangements."

I agree with this paragraph, but I take it a step further. Most people don't have access to a breathilizer before getting behind the wheel. So, they have to do it on estimation, and "how they feel." Most can't tell the difference, in feeling between a 0.05 or a 0.09 by feeling. You may think that your below the limit because you haven't had that much to drink, but if the bar tender made your drinks too strong, or you had an empty stomach, you could blow a 0.085. So, because we don't know by feeling any more whether or not we'll be below the limit or not, it now becomes a "game" of "am I too drunk to drive or not? I feel fine, I'm coherent and cordinated, but who knows?"

Our civil liberties are not a game. At 0.12, you can feel that you shouldn't be getting behind the wheel. THis takes the "game" out of the picture.

I suspect that a higher BAC for driving might technically, be acceptible, but end result would be more drivers blowing a 0.18 on the road...

This may seem logical, but the problem is that there isn't any verifiable evidence that higher limits mean that more drivers will blow far beyond the legal limit. If someone is going to drive intoxicated at 0.18, then they are going to do so whether the limit is 0.08 or 0.12. THe article I referenced supports the idea that it's the simple fact of having a limit that deters drunk driving, NOT the actual number of the BAC limit.

PAUL
 

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In NY I can charge you with DWI without even knowing your BAC....1192-3VTL (Driving While Intoxicated). If drinking any ammount of alcohol impairs your motor function to the point that it causes you to drive erratically (causing me to stop you) and fail field sobriety tests, you are too drunk to drive regardless of your BAC. When I arrest you, take you to HQ, breath test you and you come out .08 or greater, I charge you with 1192-2VTL (Driving with .08 of one per centum or more of alcohol in the blood). Both are misdemeanors. The new law means that if your tollerance is low enough to get you arrested, your chances of getting the 1192-2VTL is now better.

http://www.cdc.gov/ncipc/factsheets/drving.htm

-[font=verdana, arial, helvetica]Adult drivers ages 35 and older who have been arrested for impaired driving are 11 to 12 times more likely than those who have never been arrested to die eventually in crashes involving alcohol (Brewer 1994).
[font=verdana, arial, helvetica][/font]
[font=verdana, arial, helvetica]-Nearly three quarters of drivers convicted of driving while impaired are either frequent heavy drinkers[/font][font=verdana, arial, helvetica] (alcohol abusers) or alcoholics (people who are alcohol dependent) (Miller 1986).[/font]
[/font]
 

Tgace

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Its not outside the realm of possibility to pass a law stating that a driver shall have "no alcohol" in his blood while driving...no less "rights intrusive" than mandating seat-belt use, outlawing cell-phone use etc. The public protest and the huge drain on our courts and LEO organizations is the largest deterrant against that....
 
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Cruentus

Cruentus

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Yes...but Millers quote refers to "driving while impaired." 0.08 is not impaired.

Also...what is Brewers statistic based on? That is the problem with stats in general, and especially stats. regarding this issue. We often don't know the basis or science behind them that resulted in their claims.

Regarding the governments arguement behind the new rule, the laogic is flawed. WHY should someone who blows a 0.08 get a conviction of a DWI at all when they are not impaired? In my opinion, they shouldn't.

Tom, a cop can use their best judgement, and they can take someone in for a DWI, or anything else really. However, a conviction will only occur for DWI if they blow beyond the legal limit at the station. Am I correct in this? If so, then I am having a hard time with the logic that people who are not intoxicated or impaired (0.08 is not intoxicated or impaired) should be convicted of DWI for being impaired.

:asian:
 

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In a nutshell...I stop you,smell,see,test you for DWI and arrest you for 1192-3, I take you in and test you...if you blow .08> you get the 1192-2 and the DWI will probably stick. If you blow below the limit you will probably get the reduction to 1192-1VTL (Driving while ability impaired).
 
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Cruentus

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Tgace said:
Its not outside the realm of possibility to pass a law stating that a driver shall have "no alcohol" in his blood while driving...no less "rights intrusive" than mandating seat-belt use, outlawing cell-phone use etc. The public protest and the huge drain on our courts and LEO organizations is the largest deterrant against that....

I don't know man. You can argue that not wearing a seatbelt causes danger to a driver. You can argue that cell phone use while driving is a form of impairment, and can cause danger to other motorists. There is no conclusive evidence that driving with alcahol in your system (but under a limit that would make you impaired) is a danger to yourself or other motorists.

Sure, they could pass a 0 tolerance law, and I think that it is moving in that direction. However, to do so, I feel, would be to take away more of or civil liberties, and would be against our principles of a free america.
 
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Tgace said:
In a nutshell...I stop you,smell,see,test you for DWI and arrest you for 1192-3, I take you in and test you...if you blow .08> you get the 1192-2 and the DWI will probably stick. If you blow below the limit you will probably get the reduction to 1192-1VTL (Driving while ability impaired).

Right. So, if someone is driving like a Jack @$$, you can pull them over and ticket them. This is fair, and they should get a ticket for driving in a manner that endangers other motorists. The part that I feel is unfair is when people recieve a DWI due to a low legal limit, and they aren't actually impaired.
 

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Common carrier drivers/pilots arent allowed to drink at all...I know that thats a different kettle of fish but its been held up in various court cases that driving is a state granted privilege rather than a "right".

Personally Ive "cut" drivers Ive stopped on non-moving violations to find that the driver has been drinking. If the driver passes my motor function tests and dosent appear impaired...away he goes. IMHO if you are a danger at .03 BAC and cant drive a car safely you should get arrested, and the DWI should "stick". Thats what the lower BAC's attempt to do.
 
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Sorry to double post, but Millers quote, "Nearly three quarters of drivers convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (people who are alcohol dependent) (Miller 1986)." I believe was back when the legal limit was .12, and driving over 0.12 was considered impaired, not the 0.08 standard we use today.

Also, to add more fuel to the fire, Candy Lightner, the founder of MADD, ended up joining the liqour lobby. She is qouted in saying, “I worry that the movement I helped create has lost direction. The .08 legislation ignores the real core of the problem. If we really want to save lives, let’s go after the most dangerous drivers on the road.”
 
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Tgace said:
Common carrier drivers/pilots arent allowed to drink at all...I know that thats a different kettle of fish but its been held up in various court cases that driving is a state granted privilege rather than a "right".

Personally Ive "cut" drivers Ive stopped on non-moving violations to find that the driver has been drinking. If the driver passes my motor function tests and dosent appear impaired...away he goes. IMHO if you are a danger at .03 BAC and cant drive a car safely you should get arrested, and the DWI should "stick". Thats what the lower BAC's attempt to do.

I see your point, there, Tom, and it is a good one. But, you have good judgement. There are other cops out there who don't have good judgement, or who maybe might just be having an "off" day. I don't think that someone should be stuck with a DWI if that is the case.

I think there are plenty of violations that can be handed out if someone can't drive safely. It doesn't have to be a DWI. That's just IMHO.
 

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In my experience I saw a LOT of people who were </=.08 BAC but drove (walked,talked and acted) like .20 BAC get slapped on the wrist with impaired....I think .08 is about right.
 

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On the otherhand...what would you do with a "career drinker" who blows .25 BAC but has no apparent motor impairment??
 
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Tgace said:
On the otherhand...what would you do with a "career drinker" who blows .25 BAC but has no apparent motor impairment??

Genetically, thats me! :drinkbeer :D

Yet, if I blew a .25 I'd expect a DWI. Yet, if a cop used his judgement to let me go or lighten the sentence I wouldn't object. I think that would be up to the cops judgement, though.

You got to set the limit somewhere, yet I still think 0.12 should be the way to go. Sure, you have cases where people are acting like jack@$$es at 0.08, but there are more who do not. In areas like Rochester, MI, judgement by the City cops in this case are not used. As policy, since the new law changed they are to make everyone they pull over on a friday or saturday night blow, and ticket them with a DWI if they blow above the limit with no questions asked. This is the problem with the new limits; most aren't impaired.

Anyways, I can see your opinion for 0.08 and I respect it, even if I disagree. :asian:
 

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Dont think for a minute that I dont think DWI laws arent heavily influenced by politics..politicians want to be seen "doing" something about DWI, MADD/SADD pressure etc...local paper publishes judges conviction rates on DWI's here almost every year....but alcohol impaired driving is still a large problem, what will it take??
 

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PAUL said:
Genetically, thats me! :drinkbeer :D

Yet, if I blew a .25 I'd expect a DWI. Yet, if a cop used his judgement to let me go or lighten the sentence I wouldn't object. I think that would be up to the cops judgement, though.

You got to set the limit somewhere, yet I still think 0.12 should be the way to go. Sure, you have cases where people are acting like jack@$$es at 0.08, but there are more who do not. In areas like Rochester, MI, judgement by the City cops in this case are not used. As policy, since the new law changed they are to make everyone they pull over on a friday or saturday night blow, and ticket them with a DWI if they blow above the limit with no questions asked. This is the problem with the new limits; most aren't impaired.

Anyways, I can see your opinion for 0.08 and I respect it, even if I disagree. :asian:
Do the MI police use a roadside "alco-sensor" that can be used as evidence? Ive heard that some jurisdictions are allowing them. Here we have a "box" that gives a BAC but cant be used as evidence, only a +/- for alcohol on the breath. The BAC has to be tested on the Datamaster back at HQ.
 
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Tgace said:
Dont think for a minute that I dont think DWI laws arent heavily influenced by politics..politicians want to be seen "doing" something about DWI, MADD/SADD pressure etc...local paper publishes judges conviction rates on DWI's here almost every year....but alcohol impaired driving is still a large problem, what will it take??

Good question. I say stiff penalties but higher limits. When I say stiff, I mean "swift and certian" rather then unreasonably high. In other words, you shouldn't go to "pound you in the @$$" prison for a DWI. But, if you get a DWI at 0.12, on your first offense you should expect an automatic liscense suspension, followed by a restriction, then probation. Fines would be imposed, of course, along the way, as well as optional rehab and community service. A second offense perhaps should warrent jail time, and longer license restrictions and suspensions. Third offense, revoke.

They illustrated some solutions here: http://www2.potsdam.edu/alcohol-info/DrinkingAndDriving.html

I think the key is "swift and certian" punishment, though, rather then playing games with the limits, or not knowing the penalties. Right now, it could take 6 months to a year to get sentenced for DWI's, and the penalties are not certian.

When people KNOW that, hey, a 1st offense you will be suspended and restricted, and a second offense you'll go to jail for 90 days, with more restrictions when you get out, with no room for arguement, then I think that this acts like a deterrent more so then the vague penelties we have now, or then a game with the legal limits.

That's just what I think, anyways.
 
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Tgace said:
Do the MI police use a roadside "alco-sensor" that can be used as evidence? Ive heard that some jurisdictions are allowing them. Here we have a "box" that gives a BAC but cant be used as evidence, only a +/- for alcohol on the breath. The BAC has to be tested on the Datamaster back at HQ.

The roadside alco-sensor is used, but I don't think it can be used as evidence. From my understanding, it is just use to justify probable cause to take someone to the HQ to blow in the Datamaster. The BAC that gets submitted as evidence is from the Datamaster in all the cases I have seen (and I have seen quite a few since the new law changed).
 
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