My friends and I are having a hardcore conversation about these topics and what does what. obvisouly a dui is drivin under the infulence and a dwi is driving while intoxicated. i agree yes. a dwi is .08 or higher blowing. BUT CAN you can a dui if your below 0.79 or lower, is that the fine line between the two?! I understand being under the influence of pretty much anything willl get you a dui. but does that mean you can drink and drive ( 1 beer 2 beers what EVER, as long as your below .08?!)
please straighten this convo out.
thanks guys
you cant drink and drive period. you will get charged with open container for drinking and driving.
A few years ago I was coming back from a downtown club, going 43mph in a 40mph zone. Cop does a u-turn pulls me over.... I had drank a lot, but i knew i wasnt 'drunk'.... had a good buzz. He pulls me out of the car, does the pen-light test, then tells me to stand on one foot and count untill he tells me to stop; he also told me that if i got off balance and placed my foot down to pick up my foot and continue. It was really cold and windy; I started to count and continued until 39sec!! I put my foot down, and asked him do you still want me to continue?? He put me in hand cuffs and took me to jail...
On the way to jail I was talking to them about handguns etc... asked them what they carried etc.. Cop was pretty cool; Proceeded to blow on breathalyzer... did it twice. Cop said i was pretty close, and that he could of held me if he wanted... but he let me go. Good learning experience; wont ever do that shit again.
Although it was nice he gave you a chance, what about guys like me that have bad knees and terrible balance, i'll take my chances and just not drink and drive.
I hear the sobriety tests are tricky anyways, one fuck up and they don't care, they will cuff you.
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this is bullshit yall are tellin me you cant get a dui if ur over 21??!?!?! and only minors get dui's? thats hard to belive if anything id figure they'd get an MIC and what ever.
If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the fuck up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
Yup, we arrested a lady for DWI one night and got her to the courthouse to blow for the trooper on the machine..she refused several times. He said fine..that'll cost you an extra $5000 if I remember right.
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But like mentioned, if you are on narcotics then you will receive a DUI.
Yep. Usually if you're over 21 and DUI of some narcotic, it's noted in the arrest report. They'll do the HGN test and then the VGN "Vertical Gaze Nystagmus" to test for the effects of certain drugs. Or if you're wiggin' out and give the officer enough PC to search the car, he will probably find the narcotics anway.
__________________ "A SS looks like it could kick your ass if it wanted to, but a WS6 looks like it's coming over to do it!" '05 Ram 1500 QC 4x4yellow, hemi,1chamber,cutout, Superchips 3815, 305/50/20 Goodyears.
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My buddy is a cop...new at that so dont know how accurate this is....says same as LS1interceptor guy said....also said the only 2 things u CANT get arrested for (according to his rule book or whatever it is) open container and speeding....It is not written that u HAVE to be arrested but is left to the officers discretion...DUI is for minors and really is more of a wrist slap cause its a class B or C (i think) mistdemeanor
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If you refuse breathalyzer you automatically lose you license for 6 months. The judge may give you a permit to drive to work and back. I don't know about that new law that started on July 4, 08 but I will check it out. I do know they do take ppl for blood tests at the hospital. Without the breathalyzer there is no concrete proof unless they do a blood test. They also have the camera on you. If you get convicted of DWI or DUI you have to pay the state of Texas about $1500 a year for 3 years.
If you refuse breathalyzer you automatically lose you license for 6 months. If you get convicted of DWI or DUI you have to pay the state of Texas about $1500 a year for 3 years.
All of the sudden waking up with TPR and a million other scribbles across your forehead doesn't sound as bad...
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Last edited by 99problemz; 07-30-2009 at 12:12 AM..
The bottom line is if you get pulled over while you drinking. Dont take the test and refuse to take the walking in a staight line test and all that... Btw after Sept 30th the next legeslature here in Texas, says that Police can seize blood from you if they believe that you are intoxicated.With out a warrant.Accident or not...
this is bullshit yall are tellin me you cant get a dui if ur over 21??!?!?! and only minors get dui's? thats hard to belive if anything id figure they'd get an MIC and what ever.
It may be hard to believe but it's true.
MIC? Minor in consumption? That would also only apply to someone under 21.
Quote:
Originally Posted by GT Griller
....also said the only 2 things u CANT get arrested for (according to his rule book or whatever it is) open container and speeding....
For speeding and open container you have to be given the option to sign a citation for your release. You can still be arrested for speeding or open container if you refuse to sign the citation because your signature is your promise to appear in court, kind of like an automatic PR bond. No signature, no promise to appear, then you go straight to jail to see a judge.
Quote:
...DUI is for minors and really is more of a wrist slap cause its a class B or C (i think) mistdemeanor
DUI is a Class C Misdemeanor for first offense, DWI is a Class B Misdemeanor for first offense. The DUI charge itself is less harsh but the penalties hit home hard. With DUI they hit you in the wallet with harsh penalties and a lot of community services.
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