In VA the way they get you to do a breathalyzer is by telling you refusal means 12 mos. suspended license, no restricted license, you walk everywhere. Breathalyzer and then DUI conviction means 6 mos. suspension with restricted license. The nice thing about that is that VA cannot use breathalyzer refusal as evidence that you are drunk. In NJ it's pretty much seen as proof that you were. Ask me how I know.

Another thing few courts understand is that taking someone's license for 12 mos. with no restricted license means that person can get drunk every time they go anywhere, because they'll always have a designated driver. I have a friend who owns a landscaping business, refused a breathalyzer and lost his license for a year - no restricted license. That made it particularly difficult for him to work, since he couldn't operate his trucks. But he just had his workers drive him around. Since then, he's drunk all the time and on the job too.

Lets be honest here. Only about 99.9999% of us have driven home at least one time in our lives when we should not have been behind a wheel.

Anyone who wants to start throwing rocks need to come out of their glass house...

Of course, there's that recent article on slashdot.org about how one guy got the source code to one particular model of breathalyzer machine. Poor stuff really. Worth reading, esp. if you are going for a not guilty. All sorts of issues, like when an "unrealistic" reading is taken, it would nicely display a number more realistic....

I dunno, Joe. I think your 99.9999% statistic is a tad high. I stand behind what I wrote. YMMV.

A few weeks ago I played golf with some old friends. After our round, we went to the bar for drinks. In two hours I had two drinks. (gin and tonic). Singles. Not terribly strong. There was a MADD sponsored "alcohol awareness" event at the bar and they had a DOT approved breathalyser at the bar for public use. I was completely shocked when I blew a 0.08%! I ordered a bottled water and waited another hour before driving home. Funny this is, I felt absolutely fine at 0.08%. Without the breathalyser test I would have driven home without thinking twice.

Do you think maybe 0.08% is setting the bar a little low? I don't drink very much so maybe I don't metabolize alcohol as effectively as I could.

Moses, I agree that .08 is too low...for years in Oregon it was .10...but MADD has great lobbying power. Moses, if a legislature got drunk one day & passed a law requiring all male underwear sold in the state be pink in color, you'd better get ready to wear pink shorts.

A law doesn't have to make sense, it just is.

How to remove all crime in this country overnight? Remove all laws.

In this case, if you're going to drive, I'd say pass on the Gin & Tonics when out.
Either that or get somebody who hasn't had any alcohol to drive.

Far as I know, that's the only sure way to avoid a DUI...

It's a % pulled out of thin air...I've seen folks "smashed" at .08, and other's who have better coordination and motor skills than I do cold sober. That's also a primary reason that Joe's post about "glass houses" is spot on imo... I dare say that most have driven over the "legal limit" at some time or another. Not condoning it...that's just the way it is.

I doubt that 99.9999% of us has driven after being drunk at over TWICE the legal limit.

Don't disagree with that at all. I hadn't read the complete thread, and was just commenting on Joe's post.

I never said twice, I said that 99% of us have driven when we "should not have been behind the wheel"....

And I stand by that comment.

Noah, you are ready to swear with your hand on the Bible that you have never driven "while under the influence" so to speak?

If so you are one in a million...

I wonder. I looked up my expected BAC after two drinks in two hours and it said 0.02%! Either the MADD sponsored machine was giving falsely high readings or I'm a complete lightweight.

A MADD-sponsored device giving high readings??? Unthinkable!

Go back to that provided meter and see what you produce with no drinks.


KT

Hey, I got pulled over once and foolishly agreed to some field sobriety tests when I wasn't too sure I'd pass them. Cop told me I was fine and sent me on my way. If you can be over .08 and not feel it at all, then I must have been twice that and still was ok, but felt it just a little.

Then wash your mouth out with some mouthwash and test again. Results could be interesting.

Seattle traffic scares the ***** out of me. I can't imagine driving in it while sober.

And what happened today in court???

The Outcome
 

Thanks to all who offered advice and counsel and a pox on those who could or would only pass judgement. Just to fill in some of the blanks ... Tassha is an honor student and all league basketball player in addition to helping me raise her brother and 2 sisters. She also works 2 jobs. She got stopped for a broken taillight after stopping to have a beer with coworkers after work. ! turned into 3 and there ya' go.

She got 3 years probation, fines totaling $2932. 5 days of work release and ordered to attend alcohol school. Her license is suspended for 30 days by the court and concurrent 30 by DMV. She can get a restricted license after payig another $300 or so in fees to dmv.

Interestingly, the Judge is an acquaitance of mine. He mentioned this in open court and said there was no need to recuse himself because he had no descretion in the matter everything is mandated by legislation ... read MADD.
The public defender is the daughter of a family friend. I asked her if I'd screwed up by not getting a high powered attorney. Her response was no need. Because the sentencing array is all legislated rendering the judge the staus of talking head. She said all getting an atty would have done was increased the bill form 3 grand top 6 grand.

Down the road, gentlemen

Just so I understand..... Yes, she sounds like a great young lady and has obviously made many great choices in her life. But, this was a bad choice period, she broke the law and now is paying for it, as she should, as this lesson was never learned. Hopefully she is mature enough (and it sounds like she it) to learn from this and realize she is lucky that no one was hurt of killed.

This is particularily touchy subject for me, I lost a friend to a drunk a driver. Did not really matter to me what the life of the driver was like before the crime.


Cheers

I think they should fine people $3000 for broken tail lights, but not DUI. At least 30-40% of the cars in this area are missing brake lights. I don't know how they get through inspection each year, but it's extremely dangerous and especially so for this motorcyclist.