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Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.

 
RBH
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User ID: 541
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10/12/2005 02:53 PM
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Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
cow

Damned Thugocrats.

bushfing

Single Glass of Wine Immerses D.C. Driver in Legal Battle

By Brigid Schulte
Washington Post Staff Writer
Wednesday, October 12, 2005; Page A01

Debra Bolton had a glass of red wine with dinner. Thatīs what she told the police officer who pulled her over. Thatīs what the Intoxilyzer 5000 breath test indicated -- .03, comfortably below the legal limit.

She had been pulled over in Georgetown about 12:30 a.m. for driving without headlights. She apologized and explained that the parking attendant must have turned off her vehicleīs automatic-light feature.

Bolton thought she might get a ticket. Instead, she was handcuffed, searched, arrested, put in a jail cell until 4:30 a.m. and charged with driving under the influence of alcohol.

Bolton, 45, an energy lawyer and single mother of two who lives in Alexandria, had just run into a little-known piece of D.C. law: In the District, a driver can be arrested with as little as .01 blood-alcohol content.

As D.C. police officer Dennis Fair, who arrested Bolton on May 15, put it in an interview recently: "If you get behind the wheel of a car with any measurable amount of alcohol, you will be dealt with in D.C. We have zero tolerance. . . . Anything above .01, we can arrest."

Neither the police department nor the attorney generalīs office keeps detailed records of how many people with low blood alcohol levels are arrested. But last year, according to police records, 321 people were arrested for driving under the influence with blood alcohol levels below the legal limit of .08. In 2003, 409 people were arrested.

Although low blood alcohol arrests have been made in other states in conjunction with dangerous driving, lawyers, prosecutors and advocates of drunken driving prevention said they knew of no place besides the District that had such a low threshold for routine DUI arrests. In Maryland and Virginia, as in other states, drivers generally are presumed not to be intoxicated if they test below .05. Nationwide, .08 is the legal limit -- meaning a driver is automatically presumed to be intoxicated.

Fair acknowledged that many people arenīt aware of the Districtīs policy. "But it is our law," he said. "If you donīt know about it, then youīre a victim of your own ignorance."

Bolton said she didnīt know. But defense lawyers who practice in the District do.

"Even one drink can get you in trouble in D.C.," said Thomas Key, a lawyer who successfully defended a client who had a blood alcohol level of .03. "They might not win a lot of these cases or prosecute them, but theyīre still arresting people."

Not many people fight the charge, said Richard Lebowitz, another defense lawyer, because the District offers a "diversion program" of counseling for first-time offenders.

"If diversion is offered and accepted, thereīs a guarantee that the charges will be dropped," Lebowitz said. "If you go to court and try to prove your innocence, itīs a coin-flip. So most people choose diversion."

-----------More @----------

[link to www.washingtonpost.com]
Anonymous Coward
User ID: 31064
Puerto Rico
10/12/2005 02:58 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
You can go up that with eating yeast in bread .. and a sugared juice ,..
Rear View (nli)
User ID: 31069
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10/12/2005 03:01 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
...moral of the story...stay silent, say nothing, hand the officer the three items he requests: license, registration, and proof of insurance...

...remain silent, dont even answer a single question from the officer...who is trained to trip you up...

...officer comes to the window hand him the three things and shut the fuck up!...

dont even answer the simple question: where are you headed, miss? where did you come from...where are you going now...have you had anything to drink this evening...

all of this crap is to get you to talk...open a line of questioning as the lawyers put it...once you open your mouth to answer...the officer can ask you all types of intrusive questions...

...it is a routine traffic stop...not a border checkpoint!
RBH  (OP)

User ID: 541
United States
10/12/2005 03:04 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
cow

I think if you have a bad liver function you can test positive up to .05 or something like that. All I know is if I get pulled over and am not sure what my blood content is, I am going to burp every 5 minutes as they can not make you blow on the breathalyzer if you have burped because alcohol can come up with the burp and skew the result.

1dunno1
AC
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10/12/2005 03:18 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
Whatever you do while in DC ... do NOT USE MOUTHWASH.

The amount of alcohol in mouthwash will cause you to blow at a level above the threshhold for some time. I remember a little demonstration I attended at the PD where they did exactly that.

I forget how long the effect lasts, but it is real and lasts longer than you might expect.

AC
Anonymous Coward
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United States
10/12/2005 03:21 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
Well I quit drinking over 10 years ago. Not even 1 beer in 10 years. But non alcoholic beer would be enough to give you a .01 and like RBH says even Nyquil would mess you up.
Anonymous Coward
User ID: 647
United States
10/12/2005 03:40 PM
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Re: Under the Influence at 0.01? WTF? One drink of anything alcoholic and you can blow a 0.01 even Nyquil cold relief.
yes all of the police that pull over republitards are all libbies. all of the bad things are all from libbies.

pull your head out of bushes ass you fucktard your beloved bush hasbeen in office for five years now so you cannot keep blaming libbies.

were you dropped on your head when you were hatched robert?





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