Legal Help DUI

[BlackArcher101]

Originally Posted by flameswin

I have to agree with what flip is getting at here (that doesn't happen very often), you guys are making some assumptions about certain things that could totally change whether he should be crucified or not..

Not sure the assumptions are even affecting the lynching. It's probably moreso the fact he admitted to drinking prior to driving.

[jayswin]

Originally Posted by wooohooo

There's a reason why GDL drivers are not allowed to consume ANY alcohol. These guys are most likely 16-18 year olds, who are just started to learn how to drive and likely have little alcohol experience. This is much different than a 30 year old who has been driving for 10+ years and can take a few beers.

If they're GDL and get pulled over randomly they wouldn't be required to do a Breathalyzer unless it warrants it.

Wow, High School must be a lot different than when I was a teenager ('03ish). When I went through High School, pretty much everyone was well experienced with alcohol.

[hockeycop]

Ok, people need to educate themselves a bit. Mixing up terms when talking about legalities can really mess up info:

DUI - Does not exist in Canada

It's CC253 Operation While Impaired. It is broken into 2 subsections:

(a) ability to operate is impaired by alcohol or drugs - This is for the guy who is all over the road, crashes into something, and/or is stumblig around. This is the mega dangerous guy that we all hate.

(b) operation havin consumed alcohol in such a quantity that the alc concentration in a persons blood exceeds 80 mg in 100 ml of blood (0.08). This is often a charge that is layed in conjunction with the above, but also can be layed on a person with no signs of impairment (life long drunks).

The two CC253 charges can result in a conviction (jail and/or fines and/or suspension) and have a massive impact on insurance.

Then there is the non criminal sanctions under provincial law:

24 hour suspension - Merely having any detectable alcohol in your system (breath or admitting is enough) can get you a 24 hr suspension. It is not a charge, just a slap on the wrist. Does not have an impact on insurance.

30 day suspension - This case. GDL driver with any detectable alcohol in his system while operating a motor veh. This one can be tricky... I will edit this post with more info when I get a minute (I am at work)
Ok more on the 30 day, they can be issued to:

Any driver with a Learner’s or Probationary licence under GDL who:
· is found to have consumed alcohol before driving, and

· failed or refused to provide a breath sample.

Simply having consumed alcohol is enough for this suspension. Failing or refusing a breath test will usually result in a charge being layed under the Criminal Code, along with this 30 day suspension (which will turn into 2 or 3 months, and a full year on conviction).

[BlackArcher101]

Originally Posted by flip

It is totally legal to operate a motor vehicle so long as you are not intoxicated AND are under .08.

What is the definition of intoxicated?

[jayswin]

Originally Posted by BlackArcher101

Not sure the assumptions are even affecting the lynching. It's probably moreso the fact he admitted to drinking prior to driving.

With certain posters for sure. But for me, I'm willing to give the kid leeway if it was in fact just a beer or two. Sure he'd still be in the wrong in terms of violating his GDL, but I wouldn't be worried about him being on the road.

[wooohooo]

Originally Posted by flameswin

Wow, High School must be a lot different than when I was a teenager ('03ish). When I went through High School, pretty much everyone was well experienced with alcohol.

Those are statements you can't make for everyone. There were PLENTY of people I knew that did not partake in alcohol until graduation. It all depends on the group you hang out with I suppose.

As to Flip, I agree with what you're saying but even a little bit of alcohol regardless of how big you are, how much food you have consumed will alter your mindset a little bit. I'm okay with people driving under the limit but I suppose I meant more was know your limit.

[jayswin]

Originally Posted by hockeycop

I will edit this post with more info when I get a minute (I am at work)

Are you posting on CP on your BlackBerry while driving your cop car?

[flip]

Originally Posted by flameswin

I have to agree with what flip is getting at here (that doesn't happen very often), you guys are making some assumptions about certain things that could totally change whether he should be crucified or not.

However, I'll state one more time, it would be nice if the OP would divulge a little more info, so people wouldn't have to assume.

The level of willful ignorance truly frightens me. Obviously what the OP did isn't the smartest thing in the world. He was quite likely in direct violation of the restrictions of his GDL license. That doesn't excuse the wild accusations and totally uneducated comments towards the OP.


The sad part is that the guy came here looking for some helpful advice. He never said the advice was for him, never said he was charged with a DUI or anything. He even specified doing it by PM.

[flip]

Originally Posted by wooohooo

Those are statements you can't make for everyone. There were PLENTY of people I knew that did not partake in alcohol until graduation. It all depends on the group you hang out with I suppose.

As to Flip, I agree with what you're saying but even a little bit of alcohol regardless of how big you are, how much food you have consumed will alter your mindset a little bit. I'm okay with people driving under the limit but I suppose I meant more was know your limit.

That is the smartest thing posted in this thread so far.

If you don't feel comfortable driving at all with any alcohol in your system, then more power to ya.

And even though some people are too stupid to know their limit or just don't pay attn to it, doesn't mean that the rest of us should be punished for it.

I don't hesitate to drive when I've consumed alcohol that is well below my limit. I won't even offer up examples because it is impossible. There are so many different factors that go into deciding what is appropriate that it wouldn't be fair to make blanket statements about when I drink and drive.

Suffice to say I don't drive while drunk.

[valo403]

Originally Posted by flip

When unqualified that is a very dangerous statement. With food? Without food? How many is a few? 2? 4? 6? For how long will it impair your judgment? What about someone that is 5' 100lbs vs someone 6' 200lbs? Will they be equally effected? How long between beers? What if it is shots of hard alcohol?

Could you imagine if law enforcement agencies and our lawmakers used the same sort of totally subjective, baseless methods to come up with drinking and driving laws?

It is one thing to not drink after consuming alcohol, ever. It is another to expect others to do the same and to make wild assumptions about what effect alcohol will have on them.

Actually the statement was fully accurate, unqualified or not. Alcohol consumption impairs your ability to function, the degree of impairment simply changes depending on quantity.

[normtwofinger]

I'd be careful Flip. It's not Drunk Driving, it's Drinking and Driving. There is a difference between actual BAC and 'i think i'm under my limit.'

[flip]

Originally Posted by valo403

Actually the statement was fully accurate, unqualified or not. Alcohol consumption impairs your ability to function, the degree of impairment simply changes depending on quantity.

Yeah but let's be realistic do you stay off the roads when you eat pasta with a nice red wine sauce?

You consumed alcohol so your judgment must be impaired.

Let's keep the discussion to amounts of alcohol that can actually impair a person. No matter what you say drinking a single bottle of beer (especially with food) does not in any noticeable or measurable way effect my judgment.

Originally Posted by normtwofinger

I'd be careful Flip. It's not Drunk Driving, it's Drinking and Driving. There is a difference between actual BAC and 'i think i'm under my limit.'

Actually it is neither. All that matters is that a person is (or is not) intoxicated/impaired because of the alcohol.

Conceivably someone could get an impaired driving charge after only a single beer, IF it impaired their driving. I know how much alcohol and in what situations my driving is impaired. I don't drive in those situations.

[normtwofinger]

All I was saying is you could be at 0.09 BAC and still feel like you are under your limit. That's a difference.

[Antithesis]

Originally Posted by flip

Yeah but let's be realistic do you stay off the roads when you eat pasta with a nice red wine sauce?

You consumed alcohol so your judgment must be impaired.

When you use alcohol in cooking, the alcohol is boiled off. You can't get drunk by eating pasta with any type of wine sauce.

[narbeZ]

I had this happen to me when I was your age OP with a GDL. I was coming back from a sports bar in Calgary and cut off a policeman. He then proceeded to do a 180 and hit his lights. He walked up and asked me if I had anything to drink. Knowing I did, and being as naive as I was, I told him, YES(2 Beers over a three hour game). He then informed me that with my GDL license I could have NO alcohol at all in my system. He also noted that my breath smelt like I had more.

He then proceeded to tell me that I would lose my license for 30 days and my veichle would be inpounded. As I sat in the back of his police cruiser I was getting really nervous waiting for the breathalyzer. When they brought it out, I blew 0, but it was weird. I think I actually may have blown over but the one senior police officer cut me a break. He then abruptly told me to go back to my car.

When I got back to my car, he read me the riot act like most of CP is reading to you right now, except with a few more cuss words. Needless to say I learned my lesson and got off extremely lucky.

I feel disgusting saying this, and don't condone driving after drinking.

One way to get out of this if your being dumb in the future, is to NEVER admit to drinking ANYTHING. As soon as you admit to having something to drink, the cop WILL undoubtedly HAVE to test you.

Whenever threads like this come up, I always think about how SCREWED someone like me would be if I got a DUI. It's not worth it.

In all seriousness, driving while extremely tired should be an equally scathed offense, IMO.

[hockeycop]

Originally Posted by flameswin

Are you posting on CP on your BlackBerry while driving your cop car?

Hahaha. My thumbs would be killing me if I typed that much on a BlackBerry... And I would have likely crashed referencing the CC and TSA while typing!

[Raekwon]

Originally Posted by narbeZ

I had this happen to me when I was your age OP with a GDL.

How do you know how old he is?

What is graduated driver licensing (GDL)?
Graduated driver licensing (GDL) is a program designed to improve road safety by creating a low risk, controlled environment for new drivers, regardless of age. GDL provides the opportunity for new drivers to gain experience, skills and maturity before graduating to more demanding driving conditions to become safe and responsible drivers.

[jayswin]

Yep, way too many assumptions being made here.

[narbeZ]

Originally Posted by Raekwon

How do you know how old he is?

What is graduated driver licensing (GDL)?
Graduated driver licensing (GDL) is a program designed to improve road safety by creating a low risk, controlled environment for new drivers, regardless of age. GDL provides the opportunity for new drivers to gain experience, skills and maturity before graduating to more demanding driving conditions to become safe and responsible drivers.

Just a wild guess. I'm guessing younger then 20 older then 16. Unless the OP is an:


-Immigrant
-Just got his drivers license and is surprisingly OLD.

There never used to be GDL in Alberta. I remember when I first got my license I missed the NON GDL cut off by four months or something.

Cut me a BREAK.

[narbeZ]

Originally Posted by Raekwon

How do you know how old he is?

What is graduated driver licensing (GDL)?
Graduated driver licensing (GDL) is a program designed to improve road safety by creating a low risk, controlled environment for new drivers, regardless of age. GDL provides the opportunity for new drivers to gain experience, skills and maturity before graduating to more demanding driving conditions to become safe and responsible drivers.

How do you know he is a he?