If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

Assuming you're being pulled over with probable cause, your skill level has already been tested and failed.

BAC is an objective measurement.

Sims said:

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Assuming you're being pulled over with probable cause, your skill level has already been tested and failed.

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Assuming the cop isn't camping out by a bar and pulling people over for specious things, of course. If a cop wants to pull you over, they can pretty much always find a reason.

People can still get DUIs while being under the intoxication limit.

Seems like a GB thread.

Because then everyone is going to think they're Dale Earnhardt...

Definitely Not A Cop said:

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If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

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Cause you did not get caught. Nobody drinks just 1 beer.

Definitely Not A Cop said:

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If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

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He's not.

Definitely Not A Cop said:

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If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

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This would be a better argument if we were talking about speeding. You don't know anything about Dale's abilities when drunk. Maybe he's an angry drunk. Maybe he has low tolerance for alcohol.

Definitely Not A Cop said:

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If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

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* flagged image is futurama pic… strange filter

Sims said:

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Assuming you're being pulled over with probable cause, your skill level has already been tested and failed.

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That's the problem when you assume.

I've seen cops just sit outside of sports bars and immediately pull cars over once they get out of the parking lot for "probable cause".

A better question is, why .08?
Why not .10 or .05 or .20 or .02?

BusterAg said:

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BAC is an objective measurement.

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Which is why you never, ever, ever want to blow into a breathalyzer. You'll have to deal with the license suspension, but if you blow over the legal limit, you're hosed.

HollywoodBQ said:

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A better question is, why .08?
Why not .10 or .05 or .20 or .02?

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MADD.

HTownAg98 said:

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HollywoodBQ said:

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A better question is, why .08?
Why not .10 or .05 or .20 or .02?

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MADD.

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And virtue signaling politicians.

User name checks out

YellowPot_97 said:

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User name checks out

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THANK YOU! I was wondering how the hell we got almost 20 responses in and nobody had pointed this out!

HTownAg98 said:

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BusterAg said:

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BAC is an objective measurement.

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Which is why you never, ever, ever want to blow into a breathalyzer. You'll have to deal with the license suspension, but if you blow over the legal limit, you're hosed.

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This.

About 2 years ago I bought a breathalyzer on Amazon as I wanted to do some research. I am a regular drinker and have been for over 30 years. I originally wanted to determine BAC for when I felt I was questionable to drive, vs reality. What I stumbled on, was evidence as to why the above poster is 100% spot on. Depending on what you drink, you can blow a MUCH higher BAC than what your BAC actually is. So,if you do a single shot, or straight liquor drink, and test your BAC @ 30 seconds, 1 minute, 2 minutes, and 5 minutes the device registers very high and rapidly drops up until about 10 minutes where it levels off to about what charts show. So, if you get stopped within 10-15 minutes of your last drink and take a breathalyzer, there is a very high chance it will report higher than your actual BAC.

If any of you are a heavier than casual drinker, I would say it is worth the $100 to get one and map yourself out. I was surprised to see how what I drank and at what pace was the difference between a .05 and .08.

We fixed the keg said:

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HTownAg98 said:

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BusterAg said:

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BAC is an objective measurement.

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Which is why you never, ever, ever want to blow into a breathalyzer. You'll have to deal with the license suspension, but if you blow over the legal limit, you're hosed.

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This.

About 2 years ago I bought a breathalyzer on Amazon as I wanted to do some research. I am a regular drinker and have been for over 30 years. I originally wanted to determine BAC for when I felt I was questionable to drive, vs reality. What I stumbled on, was evidence as to why the above poster is 100% spot on. Depending on what you drink, you can blow a MUCH higher BAC than what your BAC actually is. So,if you do a single shot, or straight liquor drink, and test your BAC @ 30 seconds, 1 minute, 2 minutes, and 5 minutes the device registers very high and rapidly drops up until about 10 minutes where it levels off to about what charts show. So, if you get stopped within 10-15 minutes of your last drink and take a breathalyzer, there is a very high chance it will report higher than your actual BAC.

If any of you are a heavier than casual drinker, I would say it is worth the $100 to get one and map yourself out. I was surprised to see how what I drank and at what pace was the difference between a .05 and .08.

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For Science!!!!!!!

LOYAL AG said:

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YellowPot_97 said:

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User name checks out

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THANK YOU! I was wondering how the hell we got almost 20 responses in and nobody had pointed this out!

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I did, my image was flagged

That's the difference between what a PBT (portable breath test) and an intoxylizer instrument registers. PBT is only good to develop probable cause for arrest and not admissible in court. Pretty inaccurate as to what your BAC is.

For the formal BAC test results admissible in court, there is a 15 minute wait period before an intoxylizer can be done. The residual alcohol in your mouth dissipates during this time and only BAC is measured.

"Sup"
-Dr. Johnny Fever

Definitely Not A Cop said:

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If Dale Earnhardt is a better driver after 6 beers than I am after 1, why does he have to go to jail and I'm good to keep on driving?

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In Texas, you can be intoxicated based on three things. 1. Loss of mental faculties. 2. Loss of physical facilities. So the first two do measure your ability.

3. Is a blood alcohol concentration of greater than .08%.

So this would get your .1% driver than has a high tolerance and skill level.

So what you are advocating is getting rid of #3, the per se legal limit.

I wouldn't go that far, but I would raise it back to .1%.

Long time prosecutor here. Both NHTSA and Texas DPS put measured levels of alcohol into subjects and tested them on a closed driving course. These are published studies. Arguably, the vast majority lose their normal use of mental faculties at 0.06. But the standard is 0.08.

I drink regularly, am physically fit and allowed myself to be tested for SFSTs at a training course. There is no way I would have driven at 0.08. The reaction time is not the same.

proc said:

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Long time prosecutor here. Both NHTSA and Texas DPS put measured levels of alcohol into subjects and tested them on a closed driving course. These are published studies. Arguably, the vast majority lose their normal use of mental faculties at 0.06. But the standard is 0.08.

I drink regularly, am physically fit and allowed myself to be tested for SFSTs at a training course. There is no way I would have driven at 0.08. The reaction time is not the same.

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Former prosecutor too. I have volunteered multiple times for our academy SFST training. All of the cadets said the would still let me drive at .08.

That is partly due to knowledge of the tests prior to taking them, I have a high tolerance, and have pretty good balance.

I would personally feel comfortable driving up to .1%

Objectivity

So many people think "drunk" is what many of us would call "sloppy drunk".

And being accustomed to being inebriated doesn't mean unaffected.

Sims said:

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Assuming you're being pulled over with probable cause, your skill level has already been tested and failed.

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Burned out tail light at 3pm, no problem. Burned out tail light at 3am, you are being pulled over. "Probable cause" is very much abused.

I don't know about you but I'm a way better dancer after a few drinks. But I see your point OP!

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Burned out tail light at 3pm, no problem. Burned out tail light at 3am, you are being pulled over. "Probable cause" is very much abused.

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Former federal public defender buddy of mine says that any good cop can find probable cause to pull any car over with in half a block.

El_Zorro said:

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proc said:

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Long time prosecutor here. Both NHTSA and Texas DPS put measured levels of alcohol into subjects and tested them on a closed driving course. These are published studies. Arguably, the vast majority lose their normal use of mental faculties at 0.06. But the standard is 0.08.

I drink regularly, am physically fit and allowed myself to be tested for SFSTs at a training course. There is no way I would have driven at 0.08. The reaction time is not the same.

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Former prosecutor too. I have volunteered multiple times for our academy SFST training. All of the cadets said the would still let me drive at .08.

That is partly due to knowledge of the tests prior to taking them, I have a high tolerance, and have pretty good balance.

I would personally feel comfortable driving up to .1%

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If the cadets would let you drive at 0.08, they need more training at observing HGN. The first two things you look for in HGN - Lack of Smooth Pursuit and Distinct and Sustained at Max Deviation - should be easily observed at 0.08. That's from the cop point of view. I've actually got a hearing tomorrow for a kid I arrested (DUI <21 y/o) who was 0.058. Both of those were clear, in both eyes.

All of the studies I know of show notable drops in reaction time, focus, etc, starting at around 0.06, which I think is what MADD has been pushing for for a while now. When they're not pushing for all cars to have interlocks.

Cop: Have you been drinking?
Driver: Yes, sir. But I'm a certified alcoholic. Here's my card.
Cop: Wow, you even have cirrhosis. What are you on?
Driver: Only my fourth martini.
Cop: Ok, enjoy your night.

Bubblez said:

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Sims said:

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Assuming you're being pulled over with probable cause, your skill level has already been tested and failed.

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Burned out tail light at 3pm, no problem. Burned out tail light at 3am, you are being pulled over. "Probable cause" is very much abused.

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That's probable cause for a traffic stop. It's not probable cause for DWI. He would have to develop probable cause for arrest on something he found after the stop, i.e. alcohol on the breath, open container etc.

And the term is DWI in Texas. DUI is someone under 21 with ANY detectable amount of alcohol in his system.