2 beers, on day off, in personal car = fired

Discussion in 'Questions From New Drivers' started by 4wheelJoshua, Aug 4, 2011.

  1. Big Don

    Big Don "Old Fart"

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    OK, this is not quite correct. You actually can be charged and convicted of DUI with a lower BA than the legal limit. I've seen it a few times. What the legal limit is, is an arbitrary number the so called experts have arrived at that if you are that or above, you are presumed to be under the influence.

    However, you can still be DUI if you have less than the legal limit. This will usually be because of some type of reaction between alcohol and medication. Both of which would be just fine alone, but when combined put a person into a state of, uh NOT FINE, I guess, in want of a better term.

    The conviction here arises when the driving pattern, and field sobriety test clearly show that a person is not in the normal control of their functions. This may seem like a minor point, but the fact is that it happens.

    And for what it is worth, the standard answer when a cop asks, "how much have you had to drink?"

    "TWO BEERS, officer!" If you doubt this, ask any cop who has worked traffic.
     
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  3. fulgrwnmn

    fulgrwnmn Light Load Member

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    2 beers and with food................must be a real skinny dude to be over on 2 beers, even than it's hard to believe, sure u didn't leave out the rest he might of had?
     
  4. Roadmedic

    Roadmedic Road Train Member

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    I noticed that on accidents and medical calls too.
     
  5. fortycalglock

    fortycalglock Road Train Member

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    In FL, .08 really means squat to any license holder. If the state thinks they can prove impairment, they will prosecute with a .05. Hell, they will prosecute with a 0.0 if they think they can prove impairment. Right now, or at least last I knew, Breathalyzer results were inadmissible in Orange County, FL due to the manufacturer not wanting to give up the source code. Google Stuart Hyman if you think that is a truck driver story.

    Now to the nitty gritty, that CDL is your gold card to having a job for the rest of your life. To keep it, you cannot do drugs, drink and drive, drive your personal vehicle any different than your rig, etc. It is all about personal responsibility. If you aren't responsible enough to call a cab or a friend after a few beers, are ya really responsible enough to run 80k or more down the road?
     
  6. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    WOW !!! I finally have to agree with YOU............:biggrin_25525:
     
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  7. dieselbear

    dieselbear Road Train Member

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    Two 12 oz. beers with lunch and waiting 1 hour will not get you to a .05 BaC. Now if they were some 22 oz. drafts, I could see it. I've dealt with drunks for years. As an instructor that has taught numerous field sobriety classes where we dose subjects in a controlled environment I have never seen a subject drink two 12 oz. cans of beer and blow a .05 an hour later. Maybe at best a .02 .
     
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  8. dieselbear

    dieselbear Road Train Member

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    I couldn't have said that any better. It's always " 2 beers". Just they never tell you how big those two beers were.
     
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  9. crzyjarmans

    crzyjarmans Road Train Member

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    No attitude needed, laws change, as It's been a while sence i actually check this law as I dont drink, it use to be 24 hours
     
  10. Roadmedic

    Roadmedic Road Train Member

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    Never have seen a 24 hour rule in this in 25 years.
     
  11. 4wheelJoshua

    4wheelJoshua Light Load Member

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    You guys are so hung up on the what if's.

    I was not at lunch with these people. I do know he was arrested because he blew 0.05. The guy's father in law wrote a letter to editor stating he had two beers and thought the arrest was bogus. The question I had is how can the guy be charged with DUI while driving his Honda when he only blew a .05?

    The officer told him it was because he had a CDL, if not for the CDL he told him he would have let him go. Ohio law is .08. He was not at work, or driving a truck. How could this happen, that is my question. Personally I don't care if the guy had a fifth of whiskey, he still blew .05 - that is not a DUI on his day off in his Honda is it?
     
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