have you ever had a dui, or been close?

Originally Posted by Maritime Q-Scout

I'm curious on one issue with this. I know if you have keys in your possession in the car you can get charged. But what if you put the keys in the trunk? They're not on you, nor in your direct possession. Any police officers/lawyers know the answer to that?

I'm kinda in a hurry here but hopefully I can clear up a couple of issues:

1) The impaired driving charge is actually composed on 2 criminal code offiences- impaired driving (based on an officers observations of your indictia of impairment) and driving while over .08 (pretty self-explanatory). You are charged with both if you blow over .08 (its actually .1 as results are truncated and there is a margin of error of +/- .1). You can however be charged with impaired driving based soley on driving evidence and the officers observations of your indictia even if you blow under .08.

2) An included offence is care and control which factors in drunks sitting in there car waiting for there drunk to wear off. There is a tonne of caselaw on this is I won't get into the details. In essence, if you have to ability to put the car in motion you CAN be charged.

3) Once an officer has made contact with you, you become his responsibility. It would be pretty trusting to allow someone to sit in their car to sober up knowing that people make some pretty poor decisions when it comes to their degree of sobriety. I would suggest that it probably isn't worth their career, etc, etc, etc, hen it comes to trusting some drunk guy sitting behind the wheel of his car promising he won't drive home.

4) Alberta has provincial legislation allowing police to suspend drivers for 24 hours based only a suspicion that alcohol (or drug) has been consumed. So, one drink, half a drink, 3 drinks whatever, and an officers just doesn't think he has the necessary grounds to arrest you, you can sill get a 24 hour suspension.

[The Fonz]

Originally Posted by Swarly

I want to get a breathalizer for fun now. Think of the drinking games that could ensue. Who can get to .1 the fastest, who can get closest to 0.05 without going over, and so on.

A friend of mine bought one just for fun, and we always use it while we drink. I think it takes about 3 beer over 1.5 hours before I (5'10 - 160 lbs) get up to .04, although I'm not 100% sure on that.

Anything under .04 and you're free to go, correct?

[The Fonz]

I thought it was within your rights to wait 30 mins before blowing into the breathalyzer?

I say this because if you just had a drink, then blow, it'll show a lot higher than your actual blood alcohol level is. My friend had only had a few beer, and decided to test this theory. He gargled and swished beer around in his mouth for about a minute, and then blew in the breathalyzer right after, and it read over .2. We waited 10 mins, he blew again, and it dropped wayyy down to below .08.

[ben voyonsdonc]

Why the hell would anyone get into their car right after having a drink? I have no idea if such a provision exists but it would be counterproductive if it did. I think if you just had a drink then drove and you blow .2 because of it, you shouldn't have been driving anyway and deserve the DUI.

[jayswin]

Originally Posted by ben voyonsdonc

Why the hell would anyone get into their car right after having a drink? I have no idea if such a provision exists but it would be counterproductive if it did. I think if you just had a drink then drove and you blow .2 because of it, you shouldn't have been driving anyway and deserve the DUI.

Lack of education on the subject? I know when we have a couple drinks in the parking lot after hockey games, I'll usually finish my last beer, then immdiatly get in my car and drive home. I don't feel any drunker than if I have my last beer, then wait half an hour, then get into my car, and really had no idea that you could blow .2 because of it, until the Fonz's post in this thread.

[black rubber disc bunny]

Originally Posted by The Fonz

I say this because if you just had a drink, then blow, it'll show a lot higher than your actual blood alcohol level is.

I'm not sure if there's any truth to this or not but I've heard something along these lines whereas if a cop came up to your car at a check stop and you took a drink in front of him (assuming you had alcohol in your car) that they can't give you the breathalyzer. You'd get charged for open liquor in a vehicle but not the more severe charge of DUI.

I'm by no means condoning this as an alternative or an option but curious if anyone else has heard similar or could clarify the reasoning behind this story (if true).

[burn_this_city]

Plenty of people will get in a car right after a drink.. I dont know how many times I've heard hold on let me chug my beer and we'll go.. People get all high and mighty about drinking and driving but it seems like people still get in the car with drunks or drive themselves..

I've done it a few times when I was younger. Once I was so hammered it was like a dream.. Am I proud of it?? Fk no, but it happens, and will continue to happen so long as bars have parking lots.

[The Fonz]

Originally Posted by flameswin

I don't feel any drunker than if I have my last beer, then wait half an hour, then get into my car, and really had no idea that you could blow .2 because of it, until the Fonz's post in this thread.

You wouldn't blow that high if you waited. I was using an extreme example when I said my friend swished the beer in his mouth then blew into the breathalyzer. 10 mins later the breathalyzer reading dropped back down to normal.

I guess what I was saying, is that if you've only had a few drinks and then get asked to blow by a cop, it'd be wise to wait the 30 mins you're allowed just to avoid a false reading.

[llama64]

Originally Posted by burn_this_city

Plenty of people will get in a car right after a drink.. I dont know how many times I've heard hold on let me chug my beer and we'll go.. People get all high and mighty about drinking and driving but it seems like people still get in the car with drunks or drive themselves..

I've done it a few times when I was younger. Once I was so hammered it was like a dream.. Am I proud of it?? Fk no, but it happens, and will continue to happen so long as bars have parking lots.

Or until our society gets enough balls to revoke a convicted DUI holder's drivers licence for a minimum of 10 years. Seriously, these people don't have a right to drive. They were given their chance, screwed up royally and now don't deserve any pity whatsoever.

Defending someone who drinks and drives is very much like trying to defend a child molester -- at least in my world. Disagree if you wish, but I'll never understand people who can justify their actions as a "mistake". It's not a mistake -- it's an act of willful disregard for their own and for other's safety.

[Traditional_Ale]

Originally Posted by Locke

Very true and while family is great, this city might find the number of DUIs going down if getting a taxi wasnt f***ing impossible.

Get drunk at the airport and you won't have a problem finding a cab.

[killer_carlson]

my father was killed in a drunk driving accident when I was two years old.

I don't have a lot of time for excuses or people who drive while impaired. It seems to be more of a problem with the older generation than younger, except for pure meathead wannabe jocks who still can't get over the glory days of years gone by. Still though, I think the education is working and at least our generation is aware of the risks and consequences.

The other thing that gets me is when you're over at a buddy's house and his old man stumbles in laughing and joking clearly pissed out of his tree after having driven. That one always disgusted me the most.

[driveway]

Originally Posted by llama64

Defending someone who drinks and drives is very much like trying to defend a child molester -- at least in my world.

Get the hell down off your high horse. You ever driven while talking on your phone? Or while texting? Both circumstances have been demonstrated to be more dangerous than driving while intoxicated.

Every single day every person makes choices which put both themselves and others at risk. It's a fact of life. You need to learn to discriminate between poor choices and active decisions to harm other people.

Links:
http://www.healthyontario.com/NewsIt...ewsitem_id=106

The phone users fared even worse than the inebriated, the Utah team found. There were three accidents among those talking on cell phones - all of them involving a rear-ending of the pace car. In contrast, there were no accidents recorded among participants who were drunk, or the sober, cell-phone-free group.

http://www.timesonline.co.uk/tol/dri...cle4776063.ece

The Transport Research Laboratory found that motorists who use their mobile phone to send text messages while on the road dramatically increase the likelihood of collision.
Their reaction times deteriorated by 35 per cent, much worse than those who drank alcohol at the legal limit, who were 12 per cent slower

[Phanuthier]

Originally Posted by driveway

Get the hell down off your high horse. You ever driven while talking on your phone? Or while texting? Both circumstances have been demonstrated to be more dangerous than driving while intoxicated.

Totally agreed. When I'm driving, I always try to note what the people around me are doing, whether some jackass is talking on his phone/texting while driving or whatever. DUI, yeah if you are totally smashed, thats stupid. If you had 2 beers for dinner and your driving home but just over the limit, meh... I dunno, considering half the drivers here, they're still probably better then the majority of the drivers in Calgary.

[SteveToms]

Speaking about DUI's I haven't seen a Checkstop in years.

[pope04]

I've got a bunch to add to this thread, but right now I'm pressed for time. Waaay back in my twenties, I was charged, I hired a lawyer, and I was able to beat the charge on a technicality. I was lucky, lucky, lucky as hell. Other than the $3000 in legal fees, I got off scott free.

Let me tell you this, though: Now I don't drive if I drink. Period. I walk. Or if I'm away from home and a ride isn't available, I just don't drink.

[Maritime Q-Scout]

Originally Posted by Bent Wookie

In essence, if you have to ability to put the car in motion you CAN be charged.

I guess I'm questioning your ability to put the car in motion if the keys are locked in the trunk. I personally would think that if you did that you're showing enough initiative as to not drive while under the influence. I suppose that gets into the tons of case law and going into depth that you said you wouldn't do.

Regardless, it's not something I've ever done, nor intend on doing (especially this time of year). I know even if going to get something out of my car while drunk (more beer anyone?) I'll open the doors with my keys, then put the keys on the roof, get the whatever (beer) lock the doors, and then grab the keys again. If for no other reason to have the argument that I never had the keys in my possession while I was in the car. Then again I only ever done this while camping or been somewhere that there wasn't any police officers for miles around. Yeah I know, I'm a nerd.

[flip]

Originally Posted by Swarly

I want to get a breathalizer for fun now. Think of the drinking games that could ensue. Who can get to .1 the fastest, who can get closest to 0.05 without going over, and so on.

For a good breathalyzer story google Tucker Max breathalyzer story and you'll laugh your arse off.

Originally Posted by Traditional_Ale

Get drunk at the airport and you won't have a problem finding a cab.

Yeah but they charge extra for airport rides. It is a good place to blaze though. Parking under 30mins or an hour is free, and even then it is pretty cheap. Wonder around high, meet some tourists/foreigners, watch some planes take off etc. Good times.

Originally Posted by Maritime Q-Scout

I guess I'm questioning your ability to put the car in motion if the keys are locked in the trunk. I personally would think that if you did that you're showing enough initiative as to not drive while under the influence. I suppose that gets into the tons of case law and going into depth that you said you wouldn't do.

Regardless, it's not something I've ever done, nor intend on doing (especially this time of year). I know even if going to get something out of my car while drunk (more beer anyone?) I'll open the doors with my keys, then put the keys on the roof, get the whatever (beer) lock the doors, and then grab the keys again. If for no other reason to have the argument that I never had the keys in my possession while I was in the car. Then again I only ever done this while camping or been somewhere that there wasn't any police officers for miles around. Yeah I know, I'm a nerd.

Again, each case is taken on its own merit. An officer can charge you if he can articulate the charge. Whether a crown runs with it or not is another issue. As I stated there is a tonne of case law on this. Just read up on it. Believe it or not, it is kind of interesting. I'll try to find a link.

[GreenTeaFrapp]

Originally Posted by killer_carlson

I don't have a lot of time for excuses or people who drive while impaired. It seems to be more of a problem with the older generation than younger, except for pure meathead wannabe jocks who still can't get over the glory days of years gone by. Still though, I think the education is working and at least our generation is aware of the risks and consequences.

I know growing up I remember being at the cottage and my dad driving the boat with a beer in hand as a regular occurrence. The last time I remember it happening was when I was thirteen and my cousin and I were being pulled behind the boat on something that I think was called a Sea Bob, a big inflatable rocket shaped thing that consisted of one big cylinder resting on two smaller cylinders.

Pretty quickly into our ride I was bored. You couldn't turn or move it or do much of anything aside from bounce up and down. So I figured I'd make my own fun and threw my cousin off of it. The boat pulled around so we could back on it and my dad, who was driving, and my uncle, who was the watcher, were both laughing with their beers in hand.

Anyway, my cousin was actually a much bigger troublemaker then I was growing up so of course he'd be looking for revenge. We'd knock each other off this thing while moving several more times but eventually the beers were finished off. Of course, that was when my dad and uncle were no longer laughing. Instead they were telling us to get our asses back on the thing so that we could get back to the cottage.

But of course this thing was a real pain to get up on. I had an easier time since I was considerably taller then my cousin. At this point he was tired and could no longer get back up on it. Thus, we were pulled into the boat and went back.

That was the last time I saw my dad with a beer while driving his boat. It was also the last time we saw the Sea Bob in a usable condition due to a mysterious and unexplained accident that saw it damaged beyond repair.

These days no one in my family goes into a moving boat with a beer much less the driver. While I'd like to think it's due to education, I suspect that it is due to the more vigilant approach taken by the Coast Guard.

Originally Posted by driveway

poor choices and active decisions to harm other people.

I think what most people are saying is that the ole 'poor choice' excuse no longer holds water. With all the money dumped into education, public service announcements, etc, etc... people aren't making 'poor choices' they are making a conscious decision to drink and drive knowing this decision could harm others. Although not direct intent it does show a willful disregard.