It's perfectly legal to have an alcoholic beverage and drive a motor vehicle - unless your normal facilities are impaired or you're over the legal presumption. This is a common misconception.
Good luck, OP.
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Dui?
- Thread starter amymarie
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It's perfectly legal to have an alcoholic beverage and drive a motor vehicle - unless your normal facilities are impaired or you're over the legal presumption. This is a common misconception.
Good luck, OP.
Not everyone can drink just one alcoholic beverage and be just fine. That one drink effects everyone differently. Obviously some people have no idea when they've had too many drinks. A strong "one drink" could easily put you over the legal limit.
I've been to Applebees and had a Sangria, the same one I've have MANY times and wasnt effected (but still had my SO drive!) and be buzzed, just because the bartender that day happen to put more alcohol in it than usual. You really have to be in touch with yourself to know when you are OK to drive, a lot of people just have no idea when its alright & NOT alright to drive.
Sure, not everyone can drink one drink and be "fine." Some people can't; some people will be impaired. But the conduct is not illegal unless your normal facilities are impaired. Not weakened (at least not in FL), but impaired.
I personally do not drive after drinking an alcoholic beverage, but that's me.
It's typically not a "limit" - it's a presumption. You are presumed, under the state DUI statute, to be impaired at .08 or .10 (depending on the state). But you can get a DUI if you blow under .08. In FL, if you blow under .05 you're presumed to not be impaired (unless there's something in your urine), if you blow .05-.079 there is no presumption of alcohol impairment, and if you blow over .079, you're presumed to be impaired by alcohol. But sometimes those test results do not come into evidence because of evidentary issues (reliability, etc). Some jurisdictions effectively exclude them completely.
I misunderstood your post before, I thought you were basically saying 'everyone is just fine having a drink then driving.' Sorry about that.
I just think there is an issue with people thinking "well, I only had one drink." I know where I live there is a lot of people who run with that thought, not even acknowledging that they may be impaired after that one drink, especially younger drinkers.
In all honesty, Im all for a lower limit all over the country. .05 would be just fine with me. I cant believe there are States with a higher limit than .08! That's crazy.
**UPDATE:
So I got a lawyer and my charge was amended to reckless driving after I took a couple classes. (Thank God). In my state, the law is your license is revoked for 90 days when you're arrested for the DUI and doesn't change because the charge was amended. You have 10 days from the arrest to request a hearing to get your license back. My lawyer obviously did not know this b/c he didn't send in the form and kept saying that they will give it back to me when the charge is amended....but I called the DMV and they told me it is still revoked. Now I'm screwed without a license because I trusted my lawyer..... what should I do?!!
So I got a lawyer and my charge was amended to reckless driving after I took a couple classes. (Thank God). In my state, the law is your license is revoked for 90 days when you're arrested for the DUI and doesn't change because the charge was amended. You have 10 days from the arrest to request a hearing to get your license back. My lawyer obviously did not know this b/c he didn't send in the form and kept saying that they will give it back to me when the charge is amended....but I called the DMV and they told me it is still revoked. Now I'm screwed without a license because I trusted my lawyer..... what should I do?!!
Just in case someone reading these posts is interested in sharing a great site, focused on preventing drunk driving (specifically targeting teenagers)...Parents might want to show it to your children, teachers to your students, and a great reminder to the responsible adult, check it out:
http://fullapologies.com/
http://fullapologies.com/
90 days is only 3 months. Not that bad IMO. I dont really have any advice for you on how to get it back.
dooney, I like the site you posted. I think I'll show it to my nieces, one of which is college-aged and a big partygoer.
dooney, I like the site you posted. I think I'll show it to my nieces, one of which is college-aged and a big partygoer.
Very true, not bad at all. I just wish it could be served in the summer because I need reliable transportation to go to classes and graduate in May.
I am not sure if all states have hardship licenses. I think Texas is different because so many people live in rural areas. And they are very tough to get; almost impossible if you live anywhere near public transportation.
A guy that works for us got a dui last year and he was NOT allowed any sort of work specific license. He was just s.o.l.
Same here in my city, but they don't allow it for SCHOOL. There is not really any public transportation here either.
There is an Appeals process but you have to file a request within 10 DAYS of the arrest, and my Lawyer DID NOT do that for me because he insisted I didn't need to, obviously he didn't know the law CHANGED in '06 (that the revocation still stands even though the charge is reduced). This is why I'm upset because I trusted my LAWYER and he didn't do his job right.
Maybe you should look into summer school.
It's unfortunate that you can't get a work/school license, but IMHO you need to stop taking it out on the lawyer. Be thankful you didn't hurt yourself or anyone else.
^^^ no I must graduate in May, not an option to take summer school.
It is my fault for getting in this situation, I'm not blaming the lawyer that I got the ticket. but It is the lawyer's fault I didn't get a chance to appeal the revocation because I insisted to send in the form to appeal but he did not think I needed to.
It is my fault for getting in this situation, I'm not blaming the lawyer that I got the ticket. but It is the lawyer's fault I didn't get a chance to appeal the revocation because I insisted to send in the form to appeal but he did not think I needed to.