Quote:
Originally Posted by MBates
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Another part of the new law people are not talking about here is that you are guilty of a criminal offence for having blood alcohol readings over .08 mg% within two hours of driving. The offence no longer is about being over the limit at the time you drive. So yes, you can be convicted of a crime for driving sober and then drinking to more than the limit after parking at your destination.
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This part is really ####ed up. So I can drive home after having let's say 4 beers, for sake of argument, which would have me blow 0.045 which is perfectly legal. Someone makes a call saying I`m driving drunk (I`m not, but they saw me swerve and assumed I`m drunk because they didn`t see the squirrel I avoided) and the cops show up at my house 1.5 hours later, during which time I threw back another 4 beers putting me at 0.085. And I`m now convicted of DUI for never breaking the law? Is this correct? if so it is a really messed up law.
Also, since you seem knowledgeable about this topic, I was told by a friend that if you blow less than 0.05 but anything above 0 they can detain you at the checkstop to get you to blow again in 20 mins (for up to 2 hours total) to see if your BA is on the rise. I wasn't able to confirm this anywhere else but all the news stories are so canned and gloss over so much, so I thought I'd ask here. If this is true I have a problem with it for 2 reasons; first, this completely throws the 'it's only a couple min inconvenience to save a life', as now having just one beer at the bar after work or during the game would be much more than just a min. second, relates to my first paragraph, you're driving home with BA of 0.045, perfectly legal, but they detain you and make you wait 20 mins to blow again, now you blow 0.05. Well ####, I would have been home in 5 mins and never broke the law, but now since I was detained I'm convicted?