Impaired Driving / DUI Advice

[Ne7en]

Originally Posted by Agent86

You are against other people drinking and driving it seems - I would actually respect you more if you could just say - I f'd up. You are trying to play a shell game of saying that you were not actually drunk - you blew a 0.13. That is drunk, there is no way around that.

Taken from the original post...

Originally Posted by Ne7en

I understand what I did was wrong and am prepared to take my lumps as I deserve it.

Not trying to play the "shell out game". I was trying to gather info on penalties other have faced, also was trying to turn this into more of a discussion about the mentality of why people do it. I guess no matter how much I say I don't condone it some will continue to see it their way. Unless someone has some constructive advice to give, please just save the posts pointing out drinking and driving is wrong.

[Champion]

Originally Posted by CaptainCrunch

I was reading on the insurance side of things for a DUI charge, the courts don't notify your insurance company of your conviction if you're convicted, so you might catch a break there. But a large chunk of insurance companies will check your driving record on occassion.

If they do, they wipe out your driving history and reset your insurance rate to the highest level possible of a person without a driving record. So your literally paying the same thing as a first time insuree, which can almost double or triple your insurance rate, and that can last between 3 and 6 years. So take your annual insurance rate and times it by 2 and budget that.



If drinking and getting behind the wheel of a potentially lethal high speed weapon isn't enough to stop people from pounding drinks back and driving, the court costs, and insurance costs should hopefully make people act smarter.

But it doesn't.

I have a friend who works for AMA. Usually it will go up when you have to renew. As far as I know, it will go up 3X your first time.

[Champion]

I know two people who got off and blew about double. paid ~$15000 per lawyer. From what I know, the laws in AB are a lot more strict now than even 3 years ago.

[chemgear]

As a somewhat guilty aside, I feel kinda glad when I read that a drunk driver didn't manage to take anybody with them when they go and kill themselves in an "alcohol related traffic incident."

[Locke]

Originally Posted by Sliver

Not sure if anybody in the older crowd remembers, but The Den used to have a breathalyzer. We used to do the same thing you're talking about...it was a good party once you blew twice the legal limit.

It makes so much sense though...I don't know why as citizens we are expected to "feel" when we've had too many drinks. That's the worst idea ever. It's like the cops having radar guns and taking away our speedometers.

They sure didnt have it when I went there. And I was a pretty regular Den patron.

I like the idea of having breathalyzers in bars, but its just like upping the ante and again, you're going to get people who will blow under at the breathlyzer in the bar, but in 20 minutes they'll have metabolized more alcohol and would likely easily blow over.

And then you get the 'I thought I was good because the bar breathalyzer said so!' It wouldnt surprise me if that brought on additional liability to the pub.

I do agree that the concept of having the laws as they are now bascially reflect an attitude of:

"Use your best judgement with no frame of reference, and if you get it even slightly wrong you're going to be severely punished."

It doesnt make sense. Its like stacking the odds against regular citizens to the gain of absolutely no one. Well, except the Lawyers.

[Ne7en]

Originally Posted by CaptainCrunch

When you blow a .13 you're pretty much trashed, thats not slightly over, your approaching that double over.

at .10 to .19 your symptoms are usually

Over-expression
Emotional swings
Anger or sadness
Boisterousness
Decreased libido

The effects at .10 to .19 are

Reflexes
Reaction time
Gross motor control
Staggering
Slurred speech
I always have trouble with people that say, I thought I was ok when they blow past that.10 mark. Your noticably drunk.

What are the symptoms of .120-.130 area if you have? This is what I am having trouble accepting, because I know the state I was in. Not trying to insinuate the breathalyzer was wrong. I was having conversation with both the officers, complying with every order, and remember very fine details of the evening. I know that's only my perspective, but i'm confirming my evaluation of the evening was equal to that of what I am accused.

[Ne7en]

Is it possible to talk with the prosecutors to enter a guilty plea for a lesser sentence? Or is it a case of no matter what your over, the penalty is the same? (BAC .09 = .17 = .30)?

[Hockeyguy15]

Talk to a lawyer, they will be able to answer that. Even if you only get a consultation with them it will probably be a couple hundred dollars, but the advice they could give would be better than anything you will get on here.

[squiggs96]

15 years ago a guy I know got a leaving the scene of an accident ticket in Calgary. He pled guilty and received a $500 fine and a three month licence suspension. What he found out when he went to surrender his licence and pay the fine, was that it carried the same penalty in Canada as being caught drinking and driving. His licence was suspended for a full year, he had to take a driver's test to get his licence back and he had a criminal record. He was able to get a pardon years later, but his insurance was ridiculous for a long time.

I'm guessing you will be facing similar charges, but with stiffer penalties.

[Sliver]

Originally Posted by Locke

They sure didnt have it when I went there. And I was a pretty regular Den patron.

I like the idea of having breathalyzers in bars, but its just like upping the ante and again, you're going to get people who will blow under at the breathlyzer in the bar, but in 20 minutes they'll have metabolized more alcohol and would likely easily blow over.

And then you get the 'I thought I was good because the bar breathalyzer said so!' It wouldnt surprise me if that brought on additional liability to the pub.

I do agree that the concept of having the laws as they are now bascially reflect an attitude of:

"Use your best judgement with no frame of reference, and if you get it even slightly wrong you're going to be severely punished."

It doesnt make sense. Its like stacking the odds against regular citizens to the gain of absolutely no one. Well, except the Lawyers.

Yeah they had it when I was 18, which was in 1994. I think by '96 or '97 it was gone. We're talking the old dingy Den with the nasty carpet where you could drink straight from your $5 pitcher standing 10' away from the The Smalls while they rocked out...not the new-fangled sissy Den you guys go to now.

[Champion]

I forgot. You will have to take some sort of plan ahead class for 1 day before you are even allowed to take your road test again.

[Locke]

Originally Posted by Sliver

Yeah they had it when I was 18, which was in 1994. I think by '96 or '97 it was gone. We're talking the old dingy Den with the nasty carpet where you could drink straight from your $5 pitcher standing 10' away from the The Smalls while they rocked out...not the new-fangled sissy Den you guys go to now.

1994? Lets just say I wasnt even prepared for Jr. High around then. So no, wasnt going to the Den at the time.

I guess you didnt have to worry about drinking and driving back then because your Brontosaurus knew the way?

[Kybosh]

Originally Posted by Sliver

Yeah they had it when I was 18, which was in 1994. I think by '96 or '97 it was gone. We're talking the old dingy Den with the nasty carpet where you could drink straight from your $5 pitcher standing 10' away from the The Smalls while they rocked out...not the new-fangled sissy Den you guys go to now.

The old Den was so disgusting. Super dark, smelled like puke and popcorn and had carpet. It was awesome.

[valo403]

Originally Posted by iggyformayor

You're looking for someone to tell you that you shouldn't be getting fined/charged as much as you might be because you "only had a few drinks" and "thought you were ok to drive". I don't have any sympathy for you nor do I hope you get off easy. The harder the punishment for those who drink and drive the better. Please explain to my friends 3 young children that the drunk ####### who killed their father "only had a few drinks" and thought he would be "ok to drive", therefore he shouldn't loose his license, let alone be charged with vehicular manslaughter. If you drink, DON'T ####ING DRIVE.

No he's not, he's looking for information on what to expect and what his options might be.

[hmmhmmcamo]

Originally Posted by Ne7en

It is a fair question. As this is a matter of legal limit rather than how many drinks. There are people who would blow in the neighborhood of .08 even after 1 drink.

Had you come on here and said that you blew .08 after only having 1 drink, (due to an empty stomach, being dehydrated etc) then it would be fair. But you've already mentioned the 3 drinks you had were probably closer to 4 or 5.

If you are capable of telling me where your blood alcohol level sits after 1, 2, or 3 drinks then i'm impressed. Numerous factors play into it, that is why I said the .08 is not a definitive line. I used to sound just like you, saying I knew how a number of drinks affects my body, not the case when it is measured. To simply suggest that over .08 for everyone = similar driving response times for everyone is something I would not agree with.

I have no idea what my blood alcohol level is after 1, 2 or 3 drinks - nobody really does because as you and others have mentioned there are other factors that impact how impaired you are. I do know that I shouldn't be getting into a car and driving after having more than 1, regardless of what might actually be "legal".

Seems the only solution for you is to ban alcohol.

Not at all. I'm just getting sick of hearing people make excuses for why they had to drink and drive.

There are numerous scenarios where people gather for a social drink.

A social drink isn't the problem. It's when that 1 drink turns out to be 2 or 3...or in your case 4 or 5

None of my posts suggest a poor me attitude, so stop with the annoying plot to make me look like i'm trying to gather sympathy, because i'm not.

I think your posts suggest a poor me attitude because you're acting as if there was no way for you to know if you were over the legal limit.

To clarify once again I don't condone drinking and driving. I'm actually more against it than I ever have been.

unless it's social drinking and driving after work...right?

[Sliver]

Originally Posted by Locke

1994? Lets just say I wasnt even prepared for Jr. High around then. So no, wasnt going to the Den at the time.

I guess you didnt have to worry about drinking and driving back then because your Brontosaurus knew the way?

Do your parents know you spend all day talking to grown-ups on the Internet?

[YYC in LAX]

I'm not sure about legal advice, but here's a suggestion for the next time you drink and drive:

Make sure you're in a car fast enough to get away from the cops. Or do what I do and ride a motorcycle and turn off your lights. Really hard for cops to track you down when you blow through a checkspot, etc. It can be a little hard to see without any headlights especially when you're approaching the .13 mark but I assure you it's well worth the risk.

This is to piss off all those super serious anti-drinking/driving guys who keep posting in here.

[VladtheImpaler]

Originally Posted by Hockeyguy15

Talk to a lawyer, they will be able to answer that. Even if you only get a consultation with them it will probably be a couple hundred dollars, but the advice they could give would be better than anything you will get on here.

They won't charge for the first talk - they'll tell you how much it will cost and what they can (likely) do for you.

[CaptainCrunch]

Originally Posted by Ne7en

What are the symptoms of .120-.130 area if you have? This is what I am having trouble accepting, because I know the state I was in. Not trying to insinuate the breathalyzer was wrong. I was having conversation with both the officers, complying with every order, and remember very fine details of the evening. I know that's only my perspective, but i'm confirming my evaluation of the evening was equal to that of what I am accused.

.12 to .13 is inside of the .10 to .19.

Your probably at the mid point, which means that some of the symptoms aren't as pronounced.

Here's a more specific breakdown

0.10 — 0.125 BAC: impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria. It is illegal to operate a motor vehicle at this level of intoxication in all states.

0.13 — 0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning to appear. Judgment and perception are severely impaired.
( * —Dysphoria: An emotional state of anxiety, depression, or unease.)

[CaptainCrunch]

Originally Posted by Ne7en

Is it possible to talk with the prosecutors to enter a guilty plea for a lesser sentence? Or is it a case of no matter what your over, the penalty is the same? (BAC .09 = .17 = .30)?

You can probably try, but according to a buddy of mine that tried that. Under the law there's no difference in blood alcohol level once you pass the .08. Impaired is impaired.

The other thing he told me was that the "I didn't know I was drunk defense, or the I felt find defense was laughed away by the judge, who will simply ask you how many drinks you had.

If you lie and say one, the judge will simply not believe you, if you say more then one the judge will basically question your common sense and then hammer you.

I would say that unless you can prove breathalyzer calibration errors, that you might be able to whittle down the fine a bit with a guilty plea, mea Culpa, however you are probably still looking at a guilty plea on your record, a DUI on your driving record for the next few years, and a insurance bump at some point thats going to make driving really expensive.