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ChoppinBroccoli

(3,764 posts)
26. DUI Defense Attorney Here
Thu Feb 11, 2021, 12:03 AM
Feb 2021

Here are some of the basics of DUI law. Although the laws vary from State to State, most are pretty similar. When you get charged with DUI (or DWI, or OMVI, or whatever--all different names for the same thing), you actually get charged with TWO counts. The first count says that you drove a vehicle with a prohibited concentration of alcohol in your blood, breath, or urine (also known as the "per se" section). The second count (also known as the "impaired" section) says that regardless of your BAC (blood alcohol content), you were too impaired to drive.

The reason why they do this is in case you refuse to take a BAC test (you can't be found guilty of having a prohibited concentration of alcohol if there is no test to enter into evidence), or in case you test below the limit, they can still get a DUI conviction by arguing that you were still too impaired to be driving. Technically, you can be convicted of a DUI with a .01 BAC if you demonstrate that you were too impaired to drive. That's because of the "impaired" section.

In order to demonstrate impairment, they would need to introduce evidence of bad driving, failed field sobriety tests, odor of alcohol, and/or other physical signs of impairment (bloodshot eyes, slurred speech, etc.) All of these other "indicia of impairment" are highly subjective, based on highly questionable science, and can be shot down in court by a savvy defense attorney (which you know Bruce will have).

Without knowing anything more about the case than I do, I would guess that if anything happens to Bruce at all, it will be him pleading to a significantly reduced offense and that will be about it.

You can actually get a higher reading just from gargling with Listerine. AmyStrange Feb 2021 #1
I vaguely recall that the BAC reading is not the only criteria, that the subjective judgement of RockRaven Feb 2021 #2
I understand that DemocratSinceBirth Feb 2021 #3
Esp. not The Boss, man, c'mon. mr_lebowski Feb 2021 #4
Other health conditions can cause symptoms which mirror alcohol intoxication. herding cats Feb 2021 #19
Subjective is bullshit and allows cops to arrest anyone they choose. Demsrule86 Feb 2021 #14
It is certainly easily abusable. In this case, because he's him, he probably has the upper hand RockRaven Feb 2021 #29
Maybe, could have been a Trumper cop. Demsrule86 Feb 2021 #38
Can Someone Explain How He Can Be Charged, If He Was Below The Legal Limit? nt sfstaxprep Feb 2021 #5
It's not illegal to walk funny... or is it? AmyStrange Feb 2021 #6
No way does the DUI stick if he really blew a .02 DemocratSinceBirth Feb 2021 #7
It's also a quick gargle of Listerine or some Cough syrup... AmyStrange Feb 2021 #9
In Florida they used to have "DUBAL", which stood for.... A HERETIC I AM Feb 2021 #33
Apparently, he was also charged with reckless driving. That could be issue. Hoyt Feb 2021 #8
Also charged with consuming alcohol in a closed area Klaralven Feb 2021 #10
"consuming alcohol in a closed area" AmyStrange Feb 2021 #12
National park units Mendocino Feb 2021 #24
Lawyers?! Why can't they just talk like normal people? AmyStrange Feb 2021 #27
Why don't sharks eat lawyers? Mendocino Feb 2021 #36
heh heh heh AmyStrange Feb 2021 #37
My brother is a lawyer, Mendocino Feb 2021 #39
He was in a closed state park from what I heard. Demsrule86 Feb 2021 #15
I can see Springsteen failing to heed a "closed" sign or driving around gate. Hoyt Feb 2021 #18
Me too. Demsrule86 Feb 2021 #40
Hey what else can we do now? jcgoldie Feb 2021 #46
Who is the "source"? former9thward Feb 2021 #11
dui isn't only related to alcohol.... getagrip_already Feb 2021 #13
That allows cops to arrest inncent people...if you get stopped and the cop is hassling you insist on Demsrule86 Feb 2021 #17
Maybe it was the same park from the Pine Barrens episode of the Sopranos? DemocratSinceBirth Feb 2021 #22
He killed 16 Czechoslovakians. Guy was an interior decorator. Hassin Bin Sober Feb 2021 #25
Paulie said "Interior decorator? His apartment looked like s--t." DemocratSinceBirth Feb 2021 #28
Impaired is impaired. KentuckyWoman Feb 2021 #16
I agree. It is tough to see at night and all the lights can be distracting. Hoyt Feb 2021 #21
...and then you've got the idiots who won't lower their brights... AmyStrange Feb 2021 #31
Exactly. Often, the ones who come up from behind can be worse. Hoyt Feb 2021 #32
Yup. Sometimes it's not worth driving at night. AmyStrange Feb 2021 #35
I find it hard to believe he was truly impaired. Turin_C3PO Feb 2021 #45
A lot of states now have a law on the books called buzzed driving, dware Feb 2021 #47
DWI or DUI / either way I don't really care, but.... the_sly_pig Feb 2021 #20
They likely saw him make a traffic move that isn't allowed, stopped him Blue_true Feb 2021 #23
DUI Defense Attorney Here ChoppinBroccoli Feb 2021 #26
Can I ask your advice about something? AmyStrange Feb 2021 #34
I Do Get That A Lot.......... ChoppinBroccoli Feb 2021 #41
My lawyer likes your attitude... AmyStrange Feb 2021 #42
Trump should have hired your lawyer Klaralven Feb 2021 #44
He tried... AmyStrange Feb 2021 #49
LOL! Klaralven Feb 2021 #52
He was on federal land. The open container presents the most exposure. DemocratSinceBirth Feb 2021 #43
Was he driving recklessly, or just trying to get back to his wife & kids in Baltimore, Bucky Feb 2021 #30
LOL. dware Feb 2021 #48
Who is trashing him? cwydro Feb 2021 #50
according to the NY Post, a cop saw him take a shot of tequila and then drive off fishwax Feb 2021 #51
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