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JillPinky
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It does not matter how much your daughter says she had to drink. If the intoxemeter shows that she is over the legal drink and drive limit, then I'm afraid that she will be charged with driving a motor vehicle under the influence. |
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Sarah A
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Unless you can prove that the breathalyser is faulty, or that there was some other reason for it to register her over the limit, I'm afraid she's in trouble. I suggest you get her a decent solicitor and talk through her options, as it is more than likely that she will be charged.
And can I point out that the questioner appears to be in the UK or Ireland, so those haranguing her for allowing underage drinking, her daughter is over 18, and therefore of legal age in the UK. The issue here is that she appears to have been drinking and driving, which is something that I do not countenance having lost 2 close family friends to a drunken driver. |
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°º© r u b y l i g h t s ©º°
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Not a chance i would say, she should have opted for a bloodtest, its takes a while to arrange them (gives alcohol a change to leave system) and it gives a more accurate reading then a breathe test. I would learn from this lesson, it is always safer to not drink at all and drive as its not worth the risk or accident (not necessarily your fault, but you will get blamed if tested) and not worth the risk of being pulled over. |
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olivo
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The rule should be........NONE FOR THE ROAD! |
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Barbarian
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its not the amount drunk, it is the reading from her breath and blood. Alchohol and other substances have differing effects on people. The law is based on the amount of alchohol in her body not the number of glasses. |
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purplepadma
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If she tested in excess of blood or breath alcohol limits then unless she has mitigating evidence from a medical practitioner to show that there was some reason she was unduly affected by the alcohol in way she could not have forseen, then most likely she will be prosecuted. Furthermore, if she did not exceed the breath/blood limit but was clearly impaired due to drinking, she can still be convicted of driving unfit (rather than excess alcohol).
One glass of wine in UK pubs these days is often three units of alcohol. It would take an average person approximately three hours to get this out of their system, so she could still have been intoxicated two hours later. |
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Ian UK
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Every single drink driver I've ever stopped has always claimed they have consumed a small amount of alcohol. I'm not saying your daughter was lying but this is a common occurrence.
However, in order to be charged, evidence would have to be gathered from a home office approved device called an intoxilyzer machine that would show EXACTLY how much alcohol she had in her body. This machine would have to show that she had more than 35 milligrams of alcohol in 100 millilitres of breath in her body (most Police Forces won't charge if the amount is below 40 milligrams) which is the legal drink drive limit.
The only way she would be charged without these evidential samples is by failing to provide samples of breath for the machine which in itself is very foolish as it is possible that she may have been under the legal limit. |
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LILITH46
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Your daughter needs to prove the fault is with the law. and for the record one glass is still to much if she wants to drink then she should make arrangements for a cab service to get home. drink driving is wrong. |
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vdv_desantnik
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legal limit is not on how much you drink but on how much alcogol is in your breath / blood when tested if she is light weight then she should not be drinking before driving and before you go asking questions like this maybe you think of poor child who get spread across the road and the people left picking up the pieces when drink driver cause an accident |
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Stanley Fishbien
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It makes no difference how much or how little she drank , or how long ago she drank it . If she blew over the limit when she was tested , it`s game over .......... no "and`s" , "if`s" , or "but`s" .
Also , the amount of alcohol required to reach the "legal limit" varies from person to person . A large heavy male could have 2-3 beers and an hour later be under the limit . A small , thin , lightweight woman could have the same amount to drink and be over the limit .
It`s legally the responsibility of each individual to know how much alcohol they can consume without going over the limit ....... not the law`s .
Trying to prove she didn`t drink enough to be considered legally drunk won`t get you anywhere . |
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the b-i-s-h
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In MO we have a zero tolerance law if the person is under 21 |
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Bear
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I appreciate that this is your daughter but it is very likely that she is not telling you the truth out of shame.
The legal limit is 35 microgrammes of alcohol in 100 millilitres of breath. In my force we do not prosecute anyone under 40. So effectively you could be over the limit and not prosecuted. Blowing a reading between 40 and 50 and you have the option of replacing the sample with a sample of blood.
It will tell you on the charge sheet what your daughter's reading was. Can you please add this.
What you have to understand is that the Intoxilyzer machines used at the police stations are very accurate and self calibrating for each test. They are not open to manipulation. It would be virtually impossible to challenge the result of that test as being inaccurate.
Every person is affected differently by alcohol. It depends on a number of things like size, frequency of alcohol, absorbtion rates, what and when you ate, etc etc. We could drink the same amount and give two different readings.
I would not expect someone to fail a roadside test after one glass of wine let alone the Intoxilyzer test at a police station. It just doesn't sound right.
Sorry!!! |
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spongebobs biggest fan
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nope !
if she failed the breath test she failed
the point is if she was drinking at all why the hell did she decide to drive in the first place? |
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rick_wenham
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UK answer
Sorry, but there is no chance at all, the legal limit is an amount of alcohol in the system, not how many drinks you have had.
The limit is 35microgrammes of alcohol per 100ml of breath, and the police charge and anything over 40microgrammes, to allow some margins.
If, as you say, your daughter is a light weight he bodys ability to absorb alcohol will be significantly less than that of a large build person. It all comes down to metabolic rates of individuals, which causes confusion because a large person could drink 2 or 3 glasses of wine and be under the limit where as a smaller person would be over.
The machines the police use to verify alcohol limits are self calibrating and 100% reliable and they are maintained by independant companies and not the police to ensure integrity, and the will not work if they are out of date of calibration.
I would take some good legal advice in this before court, but if your daughter pleads not guilty and is found guily she is looking at a long ban and hefty fine. If you plead guilty on 1st offence you may get a reduced ban if you agree to attend drivers education classes, they're about £100, but you get 6 months off your ban. |
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CGIV76
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If she is 20, even .01 is DUI, and she will lose her license until she is 21.
The legal limit for under 21, is .00. |
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Richard C
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You poor pathetic woman. You are justifying, minimizing and encouraging underage drinking. You and your type are very scary people as it is you and your offspring that KILL THOUSANDS IN OUR COUNTRY BY DRINKINK AND DRIVING. |
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Mr Abba
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No chance. |
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defendant
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I don't know what state your daughter was charged in, but in N.C. at 20 years old any amount of alcohol and drive is a DWI. This is what happens. when an Officer stops a vehicle for suspicion of impaired driving the defendant is given a sobriety test which test their ability to operate a vehicle. The test consist of several small test like reciting numbers backwards from a number the officer chooses. A one legged stand, finger to nose, ect.. This is to form an opinion that the defendant was in fact impaired. Being impaired doesn't mean that alcohol was the only substance present. In N.C. an impairment charge is listed as " Operating a motor vehicle upon a street or Hwy while subject to an impairing substance " Drugs can also impair the ability to operate a vehicle. If I were the charging Officer, before making the stop I would have already found by the defendants driving signs to give me suspicion of an impaired driver. upon my approach of the vehicle my first question would be" How much alcohol have you drank tonight? " Officers are trained to locate signs by their actions and speech of impairment. If I suspected impairment I would conduct a sobriety test. After the results of that test an Alco-sensor would be conducted which is a road side test of an approximation of how much alcohol the defendant had to drink but this test would only be conducted after I have formed the opinion that the defendant was impaired. The odor of an alcoholic beverage is enough to gain suspicion.Take in consideration that the Officer that stopped your daughter most likely completed these test in order to charge her with an impairment charge but in her case if she was charged in N.C. any amount would have gotten her charged! |
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John S
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What state are you in and what is the legal limit for people under 21? For example, in California it is unlawful for a person under 21 to drive at .01% blood alcohol. (Veh. Code sec. 23136.) One glass of wine would easily cause that. |
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badshotcop
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She would have been pulled over and had a roadside breath test. This would have indicated she had roughly over 35mg of alcohol in her blood.
She would have been arrested and placed onto an evidential machine/given blood/urine sample. If she was over the legal limit, plus a bit more (some forces give some extra leeway) she will have been charged.
There is no defence, you are either under the influence, or not. Test cases where people have had their drinks spiked (allegedly) have failed, so you standing up in court and saying you're 100% sure she didn't have more than a glass is doomed to fail.
I know you're not gonna like it, but you won't get an ounce of sympathy from the police or the judge. Drink drivers are a menace, the sooner they are banned the better. |
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stokies
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a mother always thinks best of her daughter,but i'm sorry,road tests dont lie, think your daughter is.do you go drinking with your daughter,because when they are with friends,1 drink turns into 2 etc, your daughter is guilty as charged,why are you worrying? she's old enough to know better,drink and driving costs lives. you ought to feel lucky you havent got a dead child,or your daughter hasnt got a death caused by dangerous driving charge! |
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loontheklown@btinternet.com
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throw away the key!!!!!!.....the harleton! |
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candy g
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unless you was actually with her for a full 24 hours prior to her being stopped and failing the sobriety test then I do not think your opinion will hold much water.............yes peoples bodies do metabolize alcohol at different rate IE men and women.
What did her blood test show ? and why did they stop her in the first place.
and if this is a USA based question the fact of her age alone would cause a charge surely...............as 21 is the legal drinking age.
regards |
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$martA$$.com
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ok so are you telling me that you try to see if she can out drink someone at 20? they way you say "she is so light weight" , anyways did you know that a glass of wine consumes of 4 oz and anything over that is above the limit? so figure 4 oz is not very much and it equals to be one beer. |
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gcbtrading
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The legal limit is not based on the number of drinks, it's the % of alcohol in her blood... Did she refuse the breathalizer? |
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~Ashley Jean~
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There actually ain't no way to prove it without straight up proof of when and how much she drank which obviously you ain't got.Not to be mean about it or anything but if you think about it it is your word against science and today science wins almost every time. |
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not singing the yahoo tune
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its simple really, if you are gonna drink. DO NOT DRIVE. |
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lamk_garcia
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sorry u cant help her at all if they test her and her results come above the drinking level she will be charged with d.u.i |
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LEO53
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CGIV76
If she is 20, even .01 is DUI, and she will lose her license until she is 21.
The legal limit for under 21, is .00.
Source(s):
Me, retired Police Officer, DUI/Reckless Homicide Specialist
*****WOW, you couldn't be more wrong |
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Yellabowley
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Absolutely not.
If she had 1 glass of wine and was over the limit then she's over the limit. The breath testing machine is very accurate and the reading it gives proves the offence. It's one of those few offences where she will only get charged if she's proven guilty by scientifically approved methods. The trial just puts it in writing that she is guilty.
She should hold her hands up and take her punishment. Not that she's got any choice. |
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emt_me911
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Regardless of how much your daughter did or did not drink, the fact that she's under 21 makes it illegal for her to drink at all. She will face charges for that.
Alcohol affects people differently. Some people might be able to throw back a 12 pack and not feel any effects. Others might have only one drink and feel like they slammed 6 shots in a row.
That being said, I will point out that legal driving limits these days are so low that in most cases, a person MIGHT be able to have 1 to 1 1/2 drinks and still be under the legal limit (.06-.08, depending on state). If your daughter showed to be over that limit by either breathalyzer or blood testing, then she was over the limit. Then you have to add to that a charge of underage drinking. The legal limit for a person under the age of 21 is .00. That is NOT negotiable.
It looks like she's stuck. Maybe this wil teach her a lesson. We have designated drivers for a reason. We have laws regarding operation of a motor vehicle while intoxicated for a reason. That reason is: IT SAVES LIVES. End of story.
EMT |
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