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  1. #1
    Join Date
    Jul 2005
    Location
    Whitehorse, YT
    Posts
    3

    Default Being Over the Legal Limit Without Being Drunk

    It appears that I was 'DUI' at a rating of 160 ml, based on the RCMP's machine. I will say this up front that I am not contesting this issue, or if the 'machine' was working properly. However, I do have an issue with the 'overall process' and the validity of, if in fact, I was under the influence.

    It appears that I have been drinking for quite some time, and, in fact, I drink on a regular basis, mostly at home, but sometimes in a local bar.

    I had several drinks between the hours of 0400 and 0900, rum and coke, and then had nothing till I went 'to town'. At which time I had two (yes the preverbial two - and in this case this is a fact, it was only two) drinks. One at about 2:30 in the afternoon and a sencond one at about 4:00. Both drinks were in short glasses and were pretty stiff, but not overly so.

    I left around 6:00 pm and on the way home other circumstances came up, which are irrelivent here, and I was pulled over and questioned for driving under the influence. I blew a .160.

    Based on what I know for a fact as to how much and 'ruffly' when I had them I question the validity of the testing phase. I do not disagree that I had the aforementioned amount in my system, but I do disagree with my being under the influence.

    Unless the Constable was making a joke of me, to me, he was surprised that I 'blew' so strongly.

    My question, in this case, is questioning what can I say or do in this case?

    It appears that my body does not elimate alchol as readely as the 'stats' says it should. By the 'machine' I "was under the influence", but in fact, was I really "under the influence"?

    Is there a presidence to this situation?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default "Per Se" Drunk Driving Charges

    It is true that some people, most notably alcoholics, can have high levels of alcohol in their system while demonstrating lower levels of intoxication than most other people would show. Nonetheless, through what is generally described as a "per se" violation, the law defines people as intoxicated once they cross a particular threshold blood alcohol level. At that point, intoxication is presumed by the alcohol level, and it is not necessary for the authorities to present any additional evidence of intoxication.

  3. #3
    Join Date
    Jul 2005
    Location
    Whitehorse, YT
    Posts
    3

    Default Followup

    I understand what you say, and agree, as far as the 'legal' part of this goes. However, I am questioning/challenging the individual situation.

    Such as, you say that an alcoholic may show or have different tollerence levels. However, would that not imply that an 'alcoholic' would/should have a larger level of bac 'showing' than a non-alcoholic. Hence, it is better to be an 'alcoholic'?

    Sorry, I did not mean that to be flippent.

    I should followup with the question that if a person does have a 'higher than normal' amount of alcohol in their system is it an automatic 'guilty' of being impaired. Such as, if a person shows, or can show, that their level of tolerance is greater than the 'norm', can it be excepted. Being an exception to the rule.

    Is the law writen in such a way that there are NO exceptions, or can it be viewed by the presiding judge to view a possible exception?

    Again, thank you for your time.

    D.M. Tribble

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Per Se Drunk Driving

    If you violate the legal limit, under typical North American law, you are considered impaired. Period, end of story.

  5. #5
    Join Date
    Jul 2005
    Location
    Whitehorse, YT
    Posts
    3

    Default followup

    Thank you for your input.

    I disagree with what 'came down', and that is why I came here to question what is going on, or what could come about.

    Otherwise, thank you for your input...

    D.M. Tribble

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