Have you driven drunk? Answer honestly...

[PaulPierce34G]

There are times we think we can drive, we think we are okay enough to drive, but most likely we are not.  I drove drunk late late one night last summer.  I wasn't in a residential area, my friend lives in a secluded woodsy type area.  Anyways, did 2 no no's.  1) I was drunk 2) I was on my cell phone.  I dropped my cell phone & being drunk, my reflexes were slow as I reached down to pick it up, I was bombed that I didn't know there was a curved turn in the road & nailed a telephone pole head on.  I had no seat belt on, my car was trashed.  It is a typical human lesson, you don't really learn until something happens to you.  If you can get away with drunk driving at least once, you will keep doing it until A) you get caught or B) get into an accident.  It sucks that I had to learn my lesson like that, but i look back & realize that it could have been worse. I could have killed someone, had it been early enough in the evening,also if there were actually more people around that area, or even killed myself.  Luckily, the only damage was a totaled car & I only ended up with a bruised knee & a cut on my nose. I just attribute this to the fact that I was drunk, didnt even know I was heading towards the pole, because I was concentrating on picking up my fone & was so slow to react, my body didnt tense up, so it was able to absorb the impact better.  I have never driven drunk since.  I know I should have known better even before the incident happened, but its better late than never to learn.
   

[JSD]

There are times we think we can drive, we think we are okay enough to drive, but most likely we are not.  I drove drunk late late one night last summer.  I wasn't in a residential area, my friend lives in a secluded woodsy type area.  Anyways, did 2 no no's.  1) I was drunk 2) I was on my cell phone.  I dropped my cell phone & being drunk, my reflexes were slow as I reached down to pick it up, I was bombed that I didn't know there was a curved turn in the road & nailed a telephone pole head on.  I had no seat belt on, my car was trashed.  It is a typical human lesson, you don't really learn until something happens to you.  If you can get away with drunk driving at least once, you will keep doing it until A) you get caught or B) get into an accident.  It sucks that I had to learn my lesson like that, but i look back & realize that it could have been worse. I could have killed someone, had it been early enough in the evening,also if there were actually more people around that area, or even killed myself.  Luckily, the only damage was a totaled car & I only ended up with a bruised knee & a cut on my nose. I just attribute this to the fact that I was drunk, didnt even know I was heading towards the pole, because I was concentrating on picking up my fone & was so slow to react, my body didnt tense up, so it was able to absorb the impact better.  I have never driven drunk since.  I know I should have known better even before the incident happened, but its better late than never to learn.
   

Wow, so you avoided getting arrested though? No damage to the pole? Cops didn't come?

[cdif911]

this topic became relevant again

[MattG12]

this topic became relevant again

I was wondering when somebody was going to dig this one up.

[xmuscularghandix]

22 years old never been drunk.

[Schupac]

The thread regarding Pruitt is close to a carbon copy of this one.  Let's let this one die...

aww nuts I just bumped it.

[RAcker]

I have 5 things in common with Danny Ainge that I know of:

1) I'm a member of The Church of Jesus Christ of Latter-day Saints.

2) I've never taken a drink of alcohol.

3) I graduated from Brigham Young University.

4) I love the Boston Celtics.

5) I'm extremely disappointed in Gabe Pruitt.

Between the owners, Doc & Danny, I wonder how the young fella will be handled.  It was a horrible mistake, but a mistake nonetheless.  Let's hope it's an isolated incident for Gabe and that he still has a solid NBA career from this point forward.

[Emmette Bryant]

Not only was I drunk, but I was high too.

When I was young, I did childish things.

I would really hate to be judged by mistakes that I made 30 years ago.

[WW1MR]

didn't read through this whole thread but I did notice a couple posters who advise that they cut it off at "2 beers" or "one drink" or whatever if they know they're gonna be driving.

Just FYI, in the state of Maine, (not sure about other states), you can be prosecuted and convicted of OUI (same as DUI) even if your blood alcohol level is BELOW the legal limit (which in Maine is .08).

That's right, below the legal limit! If you have any alcohol in your system and they can prove that there may have been even a chance that you were "feeling the effects of the alcohol" or "in any way intoxicated or impaired" then you will be convicted of OUI.

Now, in practical terms, if you're pulled over during a routine traffic stop, are given a breathalyzer in the field, and are under .08, they probably won't charge you... though that's the letter of the law, it's probably not worth the time/cost to prosecute you.

HOWEVER, say your in an accident... even a minor one, even one that is not your fault... say you're doing five or ten miles over the speed limit after you've been drinking... or you've got a few OUIs on your record over the years, they may just go ahead and charge you with OUI, EVEN THOUGH YOU'RE UNDER THE LEGAL LIMIT. And cause OUI is a "strict liability crime," and very strictly enforced in Maine, they might just get a conviction. If anyone was injured in that hypothetical accident, or you were indeed operating with excessive speed, that's a FELONY OUI!

So, next time you take your wife and kids out to dinner at the steakhouse on Friday night and have a couple of beers with your supper, then elect to drive your family home cause it was "just two drinks with my food".. you're running a risk of winding up in jail... at least in the state of Maine. Heaven forbid an unlikely incident occurs ... like you take your eyes off the road for a second to check on your daughter in the back seat, and a pedestrian steps off the curb right in front of you. FELONY OUI and serious jail time for you buddy, don't matter if you blow a .02, you can forget tucking your daughter into bed for a while.

FYI, be careful in Maine, there's a serious problem with drunk drivers and apparently the legal limit doesn't mean much in the eyes of the district attorneys/state police/local sheriff. Don't think it will never happen to you... You've been warned.

[Schupac]

That's right, below the legal limit! If you have any alcohol in your system and they can prove that there may have been even a chance that you were "feeling the effects of the alcohol" or "in any way intoxicated or impaired" then you will be convicted of OUI.

Doesn't that run contrary to the tradition of the burden of proof being on the prosecution?

I also couldn't find any reference to this on Maine's BMV website

http://www.maine.gov/dps/bhs/impaired-driving/laws.html

This sounds like it would be a conflict of states rights vs. federal law, though since it's aimed at drunk driving and not medical marijuana I can't imagine the federal government fighting it.  This still doesn't sound legal? 

I've actually heard something to this effect before, but I only vaguely remember and I don't think it was Maine.  Do you have a source or is there a chance this is an urban myth?

[Roy Hobbs]

That's right, below the legal limit! If you have any alcohol in your system and they can prove that there may have been even a chance that you were "feeling the effects of the alcohol" or "in any way intoxicated or impaired" then you will be convicted of OUI.

Doesn't that run contrary to the tradition of the burden of proof being on the prosecution?

I also couldn't find any reference to this on Maine's BMV website

http://www.maine.gov/dps/bhs/impaired-driving/laws.html

This sounds like it would be a conflict of states rights vs. federal law, though since it's aimed at drunk driving and not medical marijuana I can't imagine the federal government fighting it.  This still doesn't sound legal? 

I've actually heard something to this effect before, but I only vaguely remember and I don't think it was Maine.  Do you have a source or is there a chance this is an urban myth?

The law says that you can be found guilty of operating under the influence if the prosecution can prove impairment, regardless of what you blow.  The burden of proof is still on the prosecution to prove impairment, and that proof requires more than that someone was drinking.

It's the same thing in NJ, and probably most other states, as well.

[EJPLAYA]

Not only was I drunk, but I was high too.

When I was young, I did childish things.

I would really hate to be judged by mistakes that I made 30 years ago.

I am glad that you grew up, however I wouldn't label drunk driving as a "childish thing". A child would never be so selfish to put someone's life in danger to save themselves cab fare. Children everywhere are offended.

[WW1MR]

Source = a friend of mine who is a criminal defense lawyer at the firm Rudman & Winchell... you can google it if you want.
It's not an urban myth unfortunately.

But then again, I can't speak on the laws of other states, just Maine.

[Schupac]

Cheers. WW1MR.  If both yourself and Roy say it I'll believe it.

Would anyone happen to know an example of how to prove impairment in this case?  It seems any test given after an accident could easily be dismissed by a defense attorney arguing negative results as a result of the accident, not the person's state before hand.

[WW1MR]

The burden of proof is still on the prosecution to prove impairment

That's exactly right Roy, and that's why I say that they are unlikely to pursue a case unless there are other, exacerbating circumstances involved.

Still, to all those who think it's "safe" from a purely personal liability standpoint to drive when only a small amount of alcohol has been consumed... well, I'd think again.