Traffic stop, officer confiscated my firearms.

[Hammerhead]

Isn't .08 the legal limit? Like driving 55mph, the posted speed limit? Wouldn't .081 (I know the PBTs probably don't run that accurate) be like driving 56?

I know whenever I hear of a OWI/DWI it's generally at .1 or higher.

Plus, there's a lot of math and biology involved in actually trying to hit .08 on the nose that people probably aren't doing while they're out drinking.

 

[Benny]

^^^Good point. I think you're right.

 

[2A_Tom]

Don't drink alcohol and drive. That little dot at the end of the last sentence is a period.

Don't carry a deadly weapon and drink alcohol. (or smoke pot).

When I was young and stupid I did stupid things.

Thank God, He let me live long enough to get smart.

 

[lrahm]

Isn't .08 the legal limit? Like driving 55mph, the posted speed limit? Wouldn't .081 (I know the PBTs probably don't run that accurate) be like driving 56?

I know whenever I hear of a OWI/DWI it's generally at .1 or higher.

Plus, there's a lot of math and biology involved in actually trying to hit .08 on the nose that people probably aren't doing while they're out drinking.

If an officer ran into a person with .08% BAC, they would almost have to arrest that person. heaven help the officer who doesn't and some person or group finds out. Even at .07 % BAC the person could have given an insufficient sample on the PBT and they should be taken in for a test on the datamaster. A person can alo be charged below .08 if the officer can show impairment, like totally failing the field sobriety tests.

I have seen several people with levels (not driving) at above .40 %. people like that have to be cleared at the hospital before the jail will take them.

Food for thought. Let's say a person gets stopped for DUI and tests .20 (not uncommon). The jail will have to keep that person until they are alcohol free. Alcohol burns off at .017 %/hr. You do the math, he will be there for a while.

 

[Hammerhead]

I'm sure that officers would have to act. I wasn't speaking to that.

Legal speed limit posted 55mph. I drive 55mph. I am going the limit. Limit being defined as the maximum allowable.

.08 is the legal limit. Limit again defined as the maximum allowable. This is a number arrived at due to science and math and the reality of impairment with a certain level of alcohol in the blood. I'm not saying that LEOs wouldn't do something. I'm just defining limit.

Like I said, how often have you actually had someone blow an exact .08? I'm not agreeing with drinking and driving. I'm not speaking on impairment and officer discretion. I'm just going with the facts.

 

[Benny]

I have seen several people with levels (not driving) at above .40 %.

WHAT THE WHAT?

I would have to have about 35 shots over the course of 5 hours to register that.

 

[lrahm]

WHAT THE WHAT?

I would have to have about 35 shots over the course of 5 hours to register that.

There are those hard core alcoholics that have to keep a certain level to exist. Some at .15, you or I might not see anything out of the ordinary except the alcohol smell. When they get to a certain level they go into the DT's (shakes).

My dad worked in a tavern years ago. It wasn't uncommon for some of his patrons to drink a fifth of vodka per day.

There are several that we run into on a constant basis that have a minimum level of .30%.

 

[lrahm]

I'm sure that officers would have to act. I wasn't speaking to that.

Legal speed limit posted 55mph. I drive 55mph. I am going the limit. Limit being defined as the maximum allowable.

.08 is the legal limit. Limit again defined as the maximum allowable. This is a number arrived at due to science and math and the reality of impairment with a certain level of alcohol in the blood. I'm not saying that LEOs wouldn't do something. I'm just defining limit.

Like I said, how often have you actually had someone blow an exact .08? I'm not agreeing with drinking and driving. I'm not speaking on impairment and officer discretion. I'm just going with the facts.

When we run into people people .08 is not an uncommon level to run into. But it is "prima facia" (I hope I spelled that right) evidence that a person is too drunk to be operating a motorized vehicle. I hope that helped.

 

[mrortega]

There are those hard core alcoholics that have to keep a certain level to exist. Some at .15, you or I might not see anything out of the ordinary except the alcohol smell. When they get to a certain level they go into the DT's (shakes).

My dad worked in a tavern years ago. It wasn't uncommon for some of his patrons to drink a fifth of vodka per day.

There are several that we run into on a constant basis that have a minimum level of .30%.

Wasn't there a dude here in E'ville a year or so ago that was busted twice within a couple weeks that was almost .4? I think once he fell asleep with his vehicle in neutral in the middle of a busy street and the next time he had some type of accident?

 

[Benny]

There are those hard core alcoholics that have to keep a certain level to exist. Some at .15, you or I might not see anything out of the ordinary except the alcohol smell. When they get to a certain level they go into the DT's (shakes).

Do the shakes come after they start drinking or when they aren't drunk?

My dad worked in a tavern years ago. It wasn't uncommon for some of his patrons to drink a fifth of vodka per day.

I heard that Slash(Guitarist for one of those 80's hair-metal bands) drank a half-gallon of vodka everyday for 10 years...THAT'S dedication.

There are several that we run into on a constant basis that have a minimum level of .30%.

That's insane...Fully functioning or passed out?

 

[Davis0023]

Maybe I can help you shed some light on your situation. You were stopped for a infraction, it was later found you had been drinking and were in possession of firearms. In your house ok, out driving on public roads its not the best idea.

Ok, you blew a .07 bac (blood alcohol content) the pbt.. Thats really close, you either were on your way up in bac or down, either way its a guessing game (I wasn't there). An officer can make an arrest for DWI at .05 bac if he can prove you were impairment. At point .08 bac the officer shall arrest. Now if the officer wanted be difficult, he could of retested pbt or took you for a certified test, after reading you the implied consent and towed your car. He could of arrested you for public intoxication too. ( Please don't go all lawyer"ish,I am only telling you facts).

Now the officer has to decide if he going to release a guy who has been drinking, driving unsafe( infraction reason, just hear me out) and give him his Firearms back. Do you seer the position the officer is in? If he does and your still going up in bac , he is now given a more intoxicated man "a gun." Then he could or at least feel responsible for whatever you may do.
He does have a duty to protect, protect you and others.

So reviewing what you have said, I believe the officers actions were justified. It also sounds to me he was being very reasonable with you and did not arrest you. Now the delay in the return of your property, that may of been a little long but when do the wheels of government turn quick or smooth. I hope this helps you understand, or at least another perspective on the situation. That's just my

 

[1032JBT]

Maybe I can help you shed some light on your situation. You were stopped for a infraction, it was later found you had been drinking and were in possession of firearms. In your house ok, out driving on public roads its not the best idea.

Ok, you blew a .07 bac (blood alcohol content) the pbt.. Thats really close, you either were on your way up in bac or down, either way its a guessing game (I wasn't there). An officer can make an arrest for DWI at .05 bac if he can prove you were impairment. At point .08 bac the officer shall arrest. Now if the officer wanted be difficult, he could of retested pbt or took you for a certified test, after reading you the implied consent and towed your car. He could of arrested you for public intoxication too. ( Please don't go all lawyer"ish,I am only telling you facts).

Now the officer has to decide if he going to release a guy who has been drinking, driving unsafe( infraction reason, just hear me out) and give him his Firearms back. Do you seer the position the officer is in? If he does and your still going up in bac , he is now given a more intoxicated man "a gun." Then he could or at least feel responsible for whatever you may do.
He does have a duty to protect, protect you and others.

So reviewing what you have said, I believe the officers actions were justified. It also sounds to me he was being very reasonable with you and did not arrest you. Now the delay in the return of your property, that may of been a little long but when do the wheels of government turn quick or smooth. I hope this helps you understand, or at least another perspective on the situation. That's just my

One point you might have missed............the OP wasn't driving. He took his son fishing and got drunk while doing so and then let his underaged and unlicensed son drive him and his boat/trailer combo home and they got stopped.

 

[Benny]

Very key missed point.

Underage, unlicensed and not even a permit.

 

[jamil]

One point you might have missed............the OP wasn't driving. He took his son fishing and got drunk while doing so and then let his underaged and unlicensed son drive him and his boat/trailer combo home and they got stopped.

Now don't forget, "allegedly".

 

[public servant]

Now don't forget, "allegedly".

Don't you mean, "admittedly"?

 

[lrahm]

Don't you mean, "admittedly"?

It would have been nice to have been there to see this all unfold.

 

[public servant]

I heard the prosecutor in one of the donut counties is reading this thread. Anyone care to confirm or deny?

 

[Hayseed_40]

It would have been nice to have been there to see this all unfold.

I'd bring enough popcorn for everybody.

WTF was he thinking. He is lucky that more did not happen. What kind of parent puts their child in that kind of risk?

 

[Hayseed_40]

WHAT THE WHAT?

I would have to have about 35 shots over the course of 5 hours to register that.

I took someone out of their home on a warrant who was .33 and he walked himself to the cruiser telling me what he thought of my weight and also my mother. He sang to me most of the way to the hospital (I think it was Elvis he was singing). I considered it a victory that he did not pee in the car.

 

[Hayseed_40]

Ever stop to think that your actions are teaching your son to not accept responsibility? You screwed up, you got caught. Instead of taking your lumps, you are trying to find a technicality to get away with it. What will your son learn from this?

Crap, I am agreeing with Rookie again. We have enough victims in this world without raising your son to be one.