quote:

---

We have a law, if you're .08% you're DWI. If that is the law, then you should be able to drink up until you're .079%. If that is too dangerous, then the .08% is a bad law to begin with and we should fix IT, not add another law.

---

They law says you are intoxicated when you lose the normal use of your mental and physical faculties due to alcohol (or pretty much any substance), OR when your blood alcohol is .08. You can blow a .06 and still be DWI, it depends on the individual.

Subjective law is bad law.

Your friend sounds like me up until about 3 weeks ago.

quote:

---

when you lose the normal use of your mental and physical faculties due to alcohol (or pretty much any substance)

---

I take it for political reasons "estrogen" is an exempted substance.

ETA: If the arbitrary number of .08% isn't sufficient, then why is it .08%? The argument against it being too high is also an argument of it being too low (some people have a high tolerance to alcohol). How can something that goes on your criminal record be so arbitrary?

I have big problems with our dwi laws. We have a diverse population that is affected very differently by alcohol. We want to punish people who drink and drive, but let millions drive sleepy and drowsy and that's OK. For the record I don't know what to do, but MADD pushing for draconian laws against drinking and driving isn't going to protect anyone from a drunk, they will keep drinking no matter what.

[This message has been edited by SWCBonfire (edited 4/30/2013 4:50p).]

In all honesty, unless he is drinking in his office leading up to going home, he has almost zero chance of being intoxicated by the time he gets there. It might be a little strange that he can sometimes finish 2 tallboys in 15 minutes while driving.
I also don't necessarily think 6 drinks a night, every night, and possibly more on weekends is a great idea. That's more of a health concern than a public safety issue. Telling him to stop that when he isn't hurting anyone else would be like giving him an intervention for too much butter on his toast. Which is delicious.

I think it should be mandatory.

Whether you think it's "acceptable" or not is irrelevant. We all know that it's illegal, and we all know that it can really f* ck up your life.

If you are willing to put your family through the legal/financial consequences that come with a DWI, then I have no problem with it.

The only thing illegal about having a beer while you are driving is getting cited for an open container, which is a class C misdemeanor. If your BAC is below .08 and you have the aforementioned "use of your mental and physical faculties" then you aren't getting a DWI. You could possibly get cited for a PI I guess, but that's just another class C.

Granted, you may get taken in for a DWI, but if you consent to breath/blood and show up at less than .08 and look fine on the video (assuming there is one) then I don't think the case will be prosecuted.

[This message has been edited by SanAntonioAg09 (edited 4/30/2013 7:21p).]

CAGE questionnaire

Roadies bring back the thrill you used to get drinking a Schaefer light when you were 14.

You can't get a PI while driving. It's either DWI or nothing.

Are you saying it's legally impossible or that a cop just wouldn't do it? Just curious. The PI statute just states that you have to be in public and be a danger to yourself or others. There isn't a requirement to prove BAC or anything, so I could see a cop giving someone a PI if they don't feel like they have enough for a DWI and the driving wasn't bad enough to warrant a reckless driving charge.

Just curious, I didn't know if there was any case law on it or anything.

haha AggieKig is an idiot. Yeah getting a class C misdemeanor for open container is really going to destroy you and your family's lives.

The $xxx ticket for open container makes it not worth it, imo.

quote:

---

There isn't a requirement to prove BAC or anything, so I could see a cop giving someone a PI if they don't feel like they have enough for a DWI and the driving wasn't bad enough to warrant a reckless driving charge.

---

It is my understanding that this happens a lot in small towns.

Juice is not worth the squeeze to drink and drive and chance being pulled over and getting hit with DWI. I wait until I get home to crack a few beers after work.

quote:

---

Soooo this is a troll because there is no way a dude drinks a couple beers on the way home from work and then a few more when he gets home??? Is that just completely inconceivable??? Some real morons around here.

---

no this is trolling because you knew exactly what you were doing when you posted this. You were purposefully trying to illicit emotional responses.

emotional responses??? from having a beer or two on the drive home????? wtf???? If I wanted "emotional responses" I would have said the dude goes to happy hour after work has 6 or 7 drinks and then drives home.

From a years experience, you WILL regret this for many reasons in your later years.

He sounds dependent on the substance of alcohol to be able to have fun or relax.

Solid troll.

That being said, if your commute is that short, the 15 minute wait until you get home isn't going to kill you, although all the juice you drink everyday might. If you have a long commute, you are a moron for taking that risk.

Looks like it took forever to call out troll

The old saying happy wife happy life comes to mind. Is drinking a few beers on the way home from work followed by a few more at dinner every day ok...No I would say not. That is a lot of alcohol even if he is not drunk. Is drinking this much really worth the fights with the wife? Hell I bet I don't drink 2-3 beers a week and cannot imagine doing it every day. I would say he does have a drinking problem if he actually does this and actually does not care that it is upsetting his wife.