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Thread: .08 down to .05

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    .08 down to .05

    There is a very likely chance this will happen IMO. I remember it going from .100 to .08. The Feds pushed every state to comply by threatening to withhold road use funding.

    .05 should be new legal BAC limit to drive, NTSB says | 7online.com

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    You are probably right. Think of all the revenue this would generate.

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    Quote Originally Posted by jimmyinkedup View Post
    You are probably right. Think of all the revenue this would generate.
    While your probably right...I was looking at it more from the expense side. Prosecuting crimes is never a financial win. Seems like it would cost the states more money which is why it was resisted when it dropped the first time.

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    Good thing the federal govt is so adept at protecting its citizens from 120lb women who've drank a glass of wine.

    I wonder what the average BAC is of drivers who caused the 10k alcohol related fatalities? I'm guessing a little higher than .05.
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    the food and bev industry would stop this dead in its tracks. They are major lobbyists for the politicians

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    Quote Originally Posted by Sgt. Hartman View Post
    Good thing the federal govt is so adept at protecting its citizens from 120lb women who've drank a glass of wine.

    I wonder what the average BAC is of drivers who caused the 10k alcohol related fatalities? I'm guessing a little higher than .05.
    Man I was SO gonna post that. How many fatalities occur at .08 even? Are these the drivers that should be targeted...seriously?

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    i once blew a 0.365

    i was not driving at the time..

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    one thing i wonder is in the event of a fatality doesnt the tolerance drop to 0.00 and if so what would a reduction to .05 really accomplish??

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    I can tell you that rarely do i see a serious accident or fatality (alcohol related) where the BAC is under .100.

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    Quote Originally Posted by --->>405<<--- View Post
    one thing i wonder is in the event of a fatality doesnt the tolerance drop to 0.00 and if so what would a reduction to .05 really accomplish??
    No...the legal limit still applies.

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    Quote Originally Posted by Lunk1 View Post
    No...the legal limit still applies.
    maybe it is a state thing?? i thought here in georgia they have zero tolerance even in the event of an accident with injuries!!???

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    Quote Originally Posted by --->>405<<--- View Post
    i once blew a 3 guys

    i was not gay at the time..
    Hmmmmm

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    Quote Originally Posted by jimmyinkedup View Post
    Man I was SO gonna post that. How many fatalities occur at .08 even? Are these the drivers that should be targeted...seriously?
    That's exactly my point, they're targeting the wrong people. How about targeting repeat offenders or people who blow over double the legal limit.

    I'd have more concern over someone that's sleep deprived or texting or doing any of the hundreds of idiotic things that people do while driving than somebody who drank 2 beers with dinner.

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    Quote Originally Posted by --->>405<<--- View Post
    maybe it is a state thing?? i thought here in georgia they have zero tolerance even in the event of an accident with injuries!!???
    I guess I have never heard of such a thing...not saying your wrong though

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    Quote Originally Posted by --->>405<<--- View Post
    i once blew 3 guys' heads off for misquoting me!
    i was driving drunk at the time as well..
    fixed
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    Quote Originally Posted by --->>405<<--- View Post
    maybe it is a state thing?? i thought here in georgia they have zero tolerance even in the event of an accident with injuries!!???
    It's called something like a less safe DUI if I remember right. If you do something really negligent or idiotic while driving they can charge you with DUI if you have any alcohol in your blood at all even below the legal limit. It also applies to those under 21.

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    they are targeting the avg person who has 1 or 2 drinks with dinner. It is not likely this will pass and for some states it took 20+ years to go from .10 to .08.

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    Quote Originally Posted by chi View Post
    they are targeting the avg person who has 1 or 2 drinks with dinner. It is not likely this will pass and for some states it took 20+ years to go from .10 to .08.
    Are you sure of this? I recall it pretty well and it seemed like the states were given a short amount of time to comply or lose out on millions of dollars.

    Oh...and 1 or 2 drinks wont put anyone at .05....maybe .12 give or take

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    Quote Originally Posted by jimmyinkedup
    How many fatalities occur at .08 even?
    About the same amount that occur at 75-80mph compared to 65-70mph.

    Oh wait, this is the government trying to milk us on BAC. I'm looking for the government trying to rape us on speeding/moving violations thread.

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    Its .05 in aus been this way for ages now. Most of Europe has .05
    rule of thumb is 2 drinks in the first hour and 1 every hour after that and you should be right. ( standard drinks of course)

    Personally i think driving should have a zero tolerance alcohol is a dirty habit and i think most people on a aas forum would agree

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    Quote Originally Posted by Lunk1 View Post

    Are you sure of this? I recall it pretty well and it seemed like the states were given a short amount of time to comply or lose out on millions of dollars.

    Oh...and 1 or 2 drinks wont put anyone at .05....maybe .12 give or take
    Mmmhmmm it took illinois 21 yrs to go from .10 to .08

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    I enjoy drinking occasionally. In my younger years I drove cars and rode motorcycles quite intoxicated. I flipped over a Z28 going over 100mph. Rode a bike 130mph drunk and high. Somehow I am still alive by some luck and I have never had a DUI. Now if I plan to drink I either go with a designated driver or take public transportation. There is no reason to chance it. .05 or .08 there will be some impairment that could be the difference between life and death.

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    Quote Originally Posted by bikeral View Post
    I enjoy drinking occasionally. In my younger years I drove cars and rode motorcycles quite intoxicated. I flipped over a Z28 going over 100mph. Rode a bike 130mph drunk and high. Somehow I am still alive by some luck and I have never had a DUI. Now if I plan to drink I either go with a designated driver or take public transportation. There is no reason to chance it. .05 or .08 there will be some impairment that could be the difference between life and death.
    This is true to a large extent, except that in my case I no longer drink. Say a kid chases a ball out from behind a van and you swerve but just to make contact with his head and he is a veg for the rest of his life. The fact that it was his fault and the fact that I can surely drive better with one drink in me than the average moron sober would never keep me from laying in bed riddled with guilt every night wondering if I had been stone cold sober, if I could have avoided the accident.

    Strange thing is though that speeding is just the opposite, other than a residential streets, where I am always on full alert and going below the speed limit. However the truth is that sometimes I choose to speed. Although when I am speeding I am 100% involved in driving and have never had an accident or near miss while consiously speeding, however while just plodding along though I have become innatentive and been in several near misses. Most were not my fault but still they were situations where if I were paying full attention I could have easily kept it from being a problem at all.
    Last edited by Far from massive; 05-15-2013 at 07:02 PM.

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    It's all about revenue and going after your average social drinker. It has nothing to do with stopping drunk drivers or they would just make the penalties harder on the drunk drivers and not allow repeat offenders without jail time.

    In Wa state it doesnt matter how much you drink, even a sip or beer or wine if a cop can smell it on your breath it does not matter if you blow a .01 you will get a ticket for impaired driving.

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    Quote Originally Posted by lovbyts View Post
    It's all about revenue and going after your average social drinker. It has nothing to do with stopping drunk drivers or they would just make the penalties harder on the drunk drivers and not allow repeat offenders without jail time.

    In Wa state it doesnt matter how much you drink, even a sip or beer or wine if a cop can smell it on your breath it does not matter if you blow a .01 you will get a ticket for impaired driving.
    Curious as to why you and others (Jimmy mentioned it as well) fee that this will increase revenue somehow?

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    What will it do to stop drunk drivers? Cant imagine anyone being drunk at .05 and yet multiple offenders at double or triple the legal limit continue to get to drive as long as they pay their fines.

    Seems revenue based to me. Just a way to hand out more tickets. BTW I dont drink even one beer and drive. I dont go to bars or clubs but it would be nice to know I could if I wanted to and not worry about paying $10,000 for an attorney after drinking one beer. I do have friends who it has happened to.

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    Quote Originally Posted by lovbyts View Post
    What will it do to stop drunk drivers? Cant imagine anyone being drunk at .05 and yet multiple offenders at double or triple the legal limit continue to get to drive as long as they pay their fines.

    Seems revenue based to me. Just a way to hand out more tickets. BTW I dont drink even one beer and drive. I dont go to bars or clubs but it would be nice to know I could if I wanted to and not worry about paying $10,000 for an attorney after drinking one beer. I do have friends who it has happened to.
    I am not arguing the drop in BAC's effectiveness Lov...just wanted to know where yopu guys came up with the impression that this would generate revenue. IMO it will cost the tax payers more than the effectiveness is worth. The small amount of money from fines is a drop in the bucket caompared to the cost of enforcement and prosecution of the additional case load.

    Frankly I am of the opinion that OWI/DWI should be decriminilized and made a civil infraction. It's painfully obvious that jail time means nothing to the average 1st offense drunk driver. For most it's the loss of license that has the greates effect!

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    I never said they though it through all the way, they never do and yes it will cost US, the tax payers more.

    Just like everything else instead of looking at ways of fixing the problem they just throw more money and regulations at it.

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    Nearly Every fatal alcohol related accident occurring in Missouri has someone wasted behind the wheel, Way above 1.0. So how is this supposed to fix things or make us all safer? Sounds more like the ole gun issue. Do away with the guns so only those who use them in the first place to commit crimes with will be the ones still using them. Same principal with the alcohol. Nearly every alcohol related accident in Missouri has a driver behind the wheel blowing way above the legal drunk limit. So dropping the drunk level down to .05 is just another stupid law being passed . IMO Why not just pass a law completely outlawing alcohol altogether. Problem solved and some of us can start bootlegging and make our millions off of booze just as they did back in prohibition days. Sounds good to me.
    Last edited by Shol'va; 05-16-2013 at 07:26 AM.

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    Quote Originally Posted by Lunk1 View Post
    Curious as to why you and others (Jimmy mentioned it as well) fee that this will increase revenue somehow?

    Lunk townships and municipalities in the state where I live have special prosecuting attorneys for dui cases. What happens is drivers get charged with dui and then it gets plead down to reckless driving and heavy fines are imposed. I have talked to more then one police officer that has felt discouraged from writing up dui's because of the amount of time and effort it takes only for it to be thrown out in court in favor of a lesser charge and heavy fines. They are using this to drum up money for these towns and cities because they know the people have the means to pay.

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    Quote Originally Posted by chi View Post
    Lunk townships and municipalities in the state where I live have special prosecuting attorneys for dui cases. What happens is drivers get charged with dui and then it gets plead down to reckless driving and heavy fines are imposed. I have talked to more then one police officer that has felt discouraged from writing up dui's because of the amount of time and effort it takes only for it to be thrown out in court in favor of a lesser charge and heavy fines. They are using this to drum up money for these towns and cities because they know the people have the means to pay.
    Take it a step farther. In my area many of the prisons are privatized. My friend is placement director at one (privatized) county prison. I will speak to him because I dont wanna spew off numbers I dont exactly recall but the % of the revenue generated from dui related offenses was ASTOUNDING when he told me what it was. The phone system at the prison he works at generates 1.8 million annually for the county. Thats just the phones, and just the counties cut. The prison is the counties single largest source of revenue if you factor in direct and indirect benefit. Its a disgrace - when crime profits the county - corruption is inevitable and thats when BS laws like this are even considered.

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    Quote Originally Posted by chi View Post
    Lunk townships and municipalities in the state where I live have special prosecuting attorneys for dui cases. What happens is drivers get charged with dui and then it gets plead down to reckless driving and heavy fines are imposed. I have talked to more then one police officer that has felt discouraged from writing up dui's because of the amount of time and effort it takes only for it to be thrown out in court in favor of a lesser charge and heavy fines. They are using this to drum up money for these towns and cities because they know the people have the means to pay.
    I think if you weigh the cost of the OWI/DWI vs the revenue it's a losing venture everytime. Granted I am only speaking from the way I have witnessed it in one sate but, by the time you factor in every piece of the puzzle. The Officers time for example. The average time spent proccessing a drunk driver is 1-2 hours. Add to the the report writing, the court time, the jail expenses (most jails dont collect until someone is found guilty so proccessing is on the counties dime), dispatch call time, county prosecutur time, the courts time. It adds up in a hurry! All this for a few hundred dollars in fines?

    Dont get me wrong..I in NO way condone or support drunk driving and I know from experience that I am impaired at .05 but I believe it is far to low of a legal limit and will take too much time and money away from LE that should be spent more effectively.

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    Quote Originally Posted by jimmyinkedup View Post
    Take it a step farther. In my area many of the prisons are privatized. My friend is placement director at one (privatized) county prison. I will speak to him because I dont wanna spew off numbers I dont exactly recall but the % of the revenue generated from dui related offenses was ASTOUNDING when he told me what it was. The phone system at the prison he works at generates 1.8 million annually for the county. Thats just the phones, and just the counties cut. The prison is the counties single largest source of revenue if you factor in direct and indirect benefit. Its a disgrace - when crime profits the county - corruption is inevitable and thats when BS laws like this are even considered.
    I would sure like to see the financials on those private prisons. I'm not sure how they do it. The prisons here are overcrowded and broke. Keep in mind as well that I am really looking at things on a more local level like local and county jails..not prison as most OWI/DWI offenders don't go to prison. They normally serve samll amounts of time in a county jail (here anyhow)

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    Quote Originally Posted by Lunk1 View Post
    I would sure like to see the financials on those private prisons. I'm not sure how they do it. The prisons here are overcrowded and broke. Keep in mind as well that I am really looking at things on a more local level like local and county jails..not prison as most OWI/DWI offenders don't go to prison. They normally serve samll amounts of time in a county jail (here anyhow)
    Yeah I dont know how they do it but they make money man. Like I was sayig my firend Mike was telling me some stats before, it was astounding.

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    Quote Originally Posted by jimmyinkedup View Post
    Yeah I dont know how they do it but they make money man. Like I was sayig my firend Mike was telling me some stats before, it was astounding.
    I'm assuming the area you are talking about Jimmy is pretty heavily populated? I just don't see a private prison making money in rural or sparsley populated areas like throughout the Midwest.

    By the way...31 miles Tues in 100 degree heat and a 20+mph headwind for half of the ride...good day
    Hopefully 40 miles today...

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    Quote Originally Posted by chi View Post
    Lunk townships and municipalities in the state where I live have special prosecuting attorneys for dui cases. What happens is drivers get charged with dui and then it gets plead down to reckless driving and heavy fines are imposed. I have talked to more then one police officer that has felt discouraged from writing up dui's because of the amount of time and effort it takes only for it to be thrown out in court in favor of a lesser charge and heavy fines. They are using this to drum up money for these towns and cities because they know the people have the means to pay.
    And if that isn't enough for these towns and cities, they go a step further by putting up all those red light cameras to automatically catch any and all red light runners thereby bringing in millions more in fines and fees. It's crazy. So the next time someone tells you they are in a certain tax bracket, remind them to add in all the taxes, service charges and fees all that year and add them to that tax bracket. We even have get this not a tax on rental movies and such but uhum rather what the cities like to refer to as a user fee to keep racking in the moolah. Food tax, gas tax, real estate tax, personal property tax and all the other sources of taxes including those 5.95 connection to the pay phone charges at our prisons. It would be interesting to know how much money is collected nationwide on our legal system. Court costs, attorney fees for representation, prison operating costs, pay phone fees, tickets money collected for all ticket on every infraction. It has to be way up in the billions yearly. Yes we have freedom here in America but at what cost? To borrow a line from Charlton Heston in the movie Planet of the Apes... Well watch the 8 second clip for yourself...


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    Quote Originally Posted by Lunk1 View Post
    I'm assuming the area you are talking about Jimmy is pretty heavily populated? I just don't see a private prison making money in rural or sparsley populated areas like throughout the Midwest.

    By the way...31 miles Tues in 100 degree heat and a 20+mph headwind for half of the ride...good day
    Hopefully 40 miles today...
    Yes the area is densely populated for sure. I see your point that this wouldn't hold true in rural areas.
    Im jealous at your riding..im hoping to get out sat or sun am early for a ride. Your helping get me off my ass!

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    Quote Originally Posted by jimmyinkedup View Post
    Take it a step farther. In my area many of the prisons are privatized. My friend is placement director at one (privatized) county prison. I will speak to him because I dont wanna spew off numbers I dont exactly recall but the % of the revenue generated from dui related offenses was ASTOUNDING when he told me what it was. The phone system at the prison he works at generates 1.8 million annually for the county. Thats just the phones, and just the counties cut. The prison is the counties single largest source of revenue if you factor in direct and indirect benefit. Its a disgrace - when crime profits the county - corruption is inevitable and thats when BS laws like this are even considered.
    wow that is insane!!! Makes you wonder what kind of kickbacks the politicians are getting from allowing them to do business in their state.

    Quote Originally Posted by Lunk1 View Post
    I think if you weigh the cost of the OWI/DWI vs the revenue it's a losing venture everytime. Granted I am only speaking from the way I have witnessed it in one sate but, by the time you factor in every piece of the puzzle. The Officers time for example. The average time spent proccessing a drunk driver is 1-2 hours. Add to the the report writing, the court time, the jail expenses (most jails dont collect until someone is found guilty so proccessing is on the counties dime), dispatch call time, county prosecutur time, the courts time. It adds up in a hurry! All this for a few hundred dollars in fines?

    Dont get me wrong..I in NO way condone or support drunk driving and I know from experience that I am impaired at .05 but I believe it is far to low of a legal limit and will take too much time and money away from LE that should be spent more effectively.
    Here the fines are in the thousands but I understand what you are getting at and it does not make sense. Especially treating something as means to make profit that can effect and destroy lives of dui victims because of their irresponsible actions.

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    Quote Originally Posted by chi View Post
    wow that is insane!!! Makes you wonder what kind of kickbacks the politicians are getting from allowing them to do business in their state.



    Here the fines are in the thousands but I understand what you are getting at and it does not make sense. Especially treating something as means to make profit that can effect and destroy lives of dui victims because of their irresponsible actions.
    LMAO..I was with ya till I saw this There is no such thing as a DUI "victim" unless you are refering to someone who was victimized BY a drunk driver. DUI is still a crime if you are arrested for said crime you are not the victim.

    I dont agree with a lower BAC but at the same time I have no love loss for a drunk driver!

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    Quote Originally Posted by Lunk1 View Post
    LMAO..I was with ya till I saw this There is no such thing as a DUI "victim" unless you are refering to someone who was victimized BY a drunk driver. DUI is still a crime if you are arrested for said crime you are not the victim.

    I dont agree with a lower BAC but at the same time I have no love loss for a drunk driver!

    oh my god of course I meant those impacted by a dui offender!!!! Though many dui offenders like to claim they are victims we are all in the end responsible for our own actions period. I detest and loathe people who constantly claim victim for their failures and shortcomings and to evade responsibility.

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