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Old 05-14-2013, 14:30   #51
JW1178
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I think there should be a more graduated system, like speeding. If you are .04 to say .06 they can just take you off the road, I guess of course a fine, and then have different punishments for different levels of DUI. Having this thin line where you go from perfectly legal and safe to drive to felon, danger to society is just not right.
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Old 05-14-2013, 14:35   #52
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Originally Posted by mixflip View Post
Ah I see so alcohol is a constitutional unalienable right? I see how well that works alright.
21st Amendment.
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Old 05-14-2013, 14:41   #53
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If SAFETY were the real issue we wouldnt be worried about "impaired" but an absolute minimum ability.

It is very easy now to measure reaction time and concentration time using a simulator.

There are people who function at a higher absolute level with 2 beers in them than 95 Y.O. Grandma does on her best day. There are people driving around on prescription drugs that are dangerous.

I would say if someone can meet the minimum abilities with 200 beers in them, let them drive. If grandma cant meet the minimum abilities with no beers in her, she shouldn't be driving.
+1 I have to drive by a retirement community on my way to and from work, it's ridiculous how many elderly people are still allowed to drive when they're obviously half-blind and take 5 seconds to react to anything. After dark they drive 10MPH in a 35MPH zone because they can't see in the dark, or even during the day they'll sit at an intersection staring right at me for 5 seconds, then suddenly pull out right in front of me. A couple times I've been riding my motorcycle and grandma comes around a curve driving towards me IN MY LANE. I had to swerve into the opposing traffic lane to avoid getting hit head-on.

I live in a somewhat rural area where half the town is out drinking and driving every weekend. I still go out and drive around, or ride my motorcycle at 1a.m. on Friday or Saturday night, never had a problem, if anything the drunks drive extra careful to avoid getting pulled over. On the other hand I can't drive 2 miles from my house during the day without almost getting hit by an elderly driver or a texting soccer mom.
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Old 05-14-2013, 14:53   #54
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Originally Posted by BIGBEAR92314 View Post
.05% would effectively be 0 drinks allowed. My commercial DL only allows for .04% and according to this table provided by the CA DMV one beer may put me above the driving skill impaired limit
The Okie Corral
Since my state of OK insists on maintaining the 3.2% ABV requirement for most beers, outside of those bought in liquor stores, this chart should be revised to reflect the 36% reduction.
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Old 05-14-2013, 15:32   #55
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NTSA got wind of the BAC law in other countries. They feel buthurt that we are like those in Anglo-Saxon Societies with .08-.10 limits.

France is .04, every licensed motorist is required to carry a portable breathalyzer.

Germany and Greece are .05.

Japan is .01.
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Old 05-14-2013, 15:38   #56
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I see accidents with a BAC >0.08 compiled in the info that Dennis posted and Dana quoted, but what I'd be interested to see is that ACTUAL BAC in the fatal accidents. Are a lot of them at around 0.08 - 0.09, or are they mostly much higher, like perhaps north of 0.15 or so? In other words, would lowering the legal limit help much if at all, or are we getting below the point of diminshing returns as far as safety goes and into purely punitive territory?

With that being said, there is no excuse for drunken driving. Behave yourself, get a designated driver, or only booze when you're somewhere you can safely stay till sober.

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Old 05-14-2013, 15:45   #57
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Not in all states, in PA for example you can't carry while intoxicated, but they usually use the same level of intoxication as they do for driving. Carrying while having a beer or two with dinner is legal. Pretty sure at least a couple other states have an BAC limit of 0.04 or so while carrying. If someone can't be trusted with a gun after one or two beers, maybe they shouldn't have a gun at all.
If you can be trusted with a gun, maybe you should not be trusted with a beer at all?

Do you drink a few beers, then go sharpen the blade on your lawn mower? With all things, act prudent
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Old 05-14-2013, 15:57   #58
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Originally Posted by ShallNotBeInfringed View Post
Concealed Carry holders have a zero tolerance. (all states?)

As many of us Concealed Carry, anything except soda pop is off limits anyway. Moot point for many of us.
No, not all states.
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Old 05-14-2013, 15:58   #59
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Originally Posted by ShallNotBeInfringed View Post
Do you drink a few beers, then go sharpen the blade on your lawn mower? With all things, act prudent
I thought everyone did?

It's lawnmower maintenance.

It falls under the beer drinking activity category, along with grilling, and fishing.

If you cannot even maintain a lawnmower after a beer or two, heaven help you with a real mechanical task.

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Old 05-14-2013, 16:01   #60
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Great so CO is legalizing Pot..what is the THC level for DUI?
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Old 05-14-2013, 16:02   #61
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Originally Posted by ShallNotBeInfringed View Post
If you can be trusted with a gun, maybe you should not be trusted with a beer at all?

Do you drink a few beers, then go sharpen the blade on your lawn mower? With all things, act prudent

I routinely sharpen my carry knives Sunday afternoon while drinking a few beers and watching TV.

Maybe you shouldn't be trusted with a keyboard.
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Old 05-14-2013, 16:02   #62
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Great so CO is legalizing Pot..what is the THC level for DUI?
You don't need one to fail a field sobriety test.
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Old 05-14-2013, 16:21   #63
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Great so CO is legalizing Pot..what is the THC level for DUI?
5 nanograms or more of THC per milliliter of blood

CO HB1325 established this.
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Old 05-14-2013, 16:45   #64
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The truth about DUI, absurd BAC level legislation, and punitive sentencing for DUI:

I was an elected prosecutor for four years in the ‘80’s. My office prosecuted 8,000 DUI’s during my tenure.

It is my firm belief, based upon that experience, that here are three types of drunk drivers:

---Alcoholics;

---Career criminals; and

---Ordinary, law-abiding citizens who have had too much to drink on a special occasion.

There is nothing, absolutely nothing, that law enforcement can do about alcoholics. They are drunk almost all of the time, and if they drive, they drive drunk. Stiffer penalties or lowered BAC levels are meaningless with alcoholics.

There is nothing, absolutely nothing, that law enforcement can do about career criminals, either. They are drunk a lot of the time, many are drug addicts, and if they drive, they usually drive impaired. Stiffer penalties or lowered BAC levels are meaningless with career criminals. They just don’t care about being convicted or going to jail.

The third group is the only one that law enforcement has an effect on. Stricter penalties, lowered BAC levels education programs, and DUI roadblocks all have an effect on ordinary, law-abiding citizens. They would be ashamed of a conviction and they would avoid jail at all costs.

So, really, DUI roadblocks, absurd BAC level legislation, and punitive sentencing only serve as a deterrent for about one-third of the population. On New Years Eve, for instance, ordinary, law-abiding citizens will drink responsibly, have a designated driver, and go home earlier, to avoid the drunks on the road.

Alcoholics and career criminals: Stay out of their way. They can kill you.
Alternatively, if you are not an alcoholic or career criminal, MADD and absurd BAC levels can ruin your life.
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Old 05-14-2013, 16:52   #65
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I routinely sharpen my carry knives Sunday afternoon while drinking a few beers and watching TV.

Maybe you shouldn't be trusted with a keyboard.
lolol
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Old 05-14-2013, 17:00   #66
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Alcoholics and career criminals: Stay out of their way. They can kill you.
Alternatively, if you are not an alcoholic or career criminal, MADD and absurd BAC levels can ruin your life.
Surely you jest.
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Old 05-14-2013, 17:30   #67
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Not in all states, in PA for example you can't carry while intoxicated, but they usually use the same level of intoxication as they do for driving. Carrying while having a beer or two with dinner is legal. Pretty sure at least a couple other states have an BAC limit of 0.04 or so while carrying. If someone can't be trusted with a gun after one or two beers, maybe they shouldn't have a gun at all.
Please post the Pa. law making carry while intoxicated illegal.

Hint - you can't because there isn't one.
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Old 05-14-2013, 17:41   #68
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Please post the Pa. law making carry while intoxicated illegal.

Hint - you can't because there isn't one.
It is in Ohio, see 2923.15 and 2923.16 of the ORC.

Besides that, alcohol+firearm=bad combination.
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Old 05-14-2013, 18:29   #69
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5 beers in 3 hours puts be at .081. 4 beers in 1 hour puts me at .086.

They are making it sound like it takes a lot to get at .08, but its really not that much.

posted using Outdoor Hub Campfire
I've tested several people with PBTs including myself and it takes way more than 5 beers in 3 hrs to hit 08. You lose .015 an hr also.

I'm sure if people who drink occasionally were actually tested,they wouldn't blow as high as they think. In my experience it takes more than most realize.
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Old 05-14-2013, 18:35   #70
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Please post the Pa. law making carry while intoxicated illegal.

Hint - you can't because there isn't one.
I should have worded that better, was in a hurry. You're correct, it's not illegal to carry while intoxicated. I know of several people who have been arrested in PA for carrying while drinking, to then have the charges thrown out, due to it not actually being a crime. Supposedly the cops were as surprised as anyone. However, while it's not illegal, the police may confiscate your gun, and most of the county sheriffs will revoke your License to Carry Firearms if the police catch you carrying while intoxicated. The sheriff in the county where I had mine issued has done so several times, using the "character clause" in the state law. While carrying while intoxicated isn't illegal, it's still going to cause you problems, and probably get your License to Carry revoked.

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Old 05-14-2013, 18:45   #71
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This has nothing to do with traffic safety. It has everything to dp with getting more people classified as alcoholics so that they cannot own guns.
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Old 05-14-2013, 19:27   #72
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This has nothing to do with traffic safety. It has everything to dp with getting more people classified as alcoholics so that they cannot own guns.
A misdemeanor DUI doesn't disqualify from owning a firearm under federal law and it doesn't in most states as well.
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Old 05-14-2013, 19:36   #73
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Most judges order a substance abuse evaluation and being addicted to alcohol makes one a prohibited person under federal law.
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Old 05-14-2013, 19:40   #74
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Most judges order a substance abuse evaluation and being addicted to alcohol makes one a prohibited person under federal law.
Is there a case study for this?I wrote the BATF a question about if they consider alcohol a controlled substance and I got back an answer of no.
I know in Georgia one has to wait five years after being in treatment for alcohol abuse before being granted a concealed carry license.
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Old 05-14-2013, 19:43   #75
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Most judges order a substance abuse evaluation and being addicted to alcohol makes one a prohibited person under federal law.

O'rly?

Pursuant to what charges? Just DUI?
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