Man Gets DWI After Riding Motorized Cooler

THe .08 is the legal limit in VA. I had a friend pulled and he had the field test and then the officer still took him in. He was charged with DUI and then blew a .04 and was then still held in jail. His car was towed and it cost him around $140 to get it back. He went to court (without a lawyer) and the case was thrown out because he was not legaly drunk said the judge. The judge then lectured the cops about waisting court time and money and also reimbursted my friend the $140.
Again, this is just not correct. The statute is clear that you don't have to blow a .08 to get convicted under 18.2-266.

Now, anecdotally, you may find that people are not often convicted under 18.2-266(ii). However, it does not change what the law actually is.

onlydarksets: I went through VASAP (Virginia Alcohol Safety Action Program). Believe me, people were convicted for that. One girl in my class blew a .07 on the breathalizer then her blood test showed .01. It's no big secret that breathalizers are horribly inaccurate and typically skew to hurt women due to smaller size, etc.

Let's be honest here. DUIs like that aren't meant for anything other than making money for the state. Also, our legal system isn't about who's right and who's wrong -- it's about who has the money to fight the case. The people in my class, a majority of them were under the poverty line -- and I'm willing to bet that there aren't many more poor folks driving drunk, but that they don't have the money to fight, and win cases.

But onlydarksets, I guarantee you in Virginia you can be arrested, tried, and convicted for having a BAC of under .08. Not only did we spend a day covering it in class, we were shown plenty of examples by the teacher.

But onlydarksets, I guarantee you in Virginia you can be arrested, tried, and convicted for having a BAC of under .08. Not only did we spend a day covering it in class, we were shown plenty of examples by the teacher.
I can't say I'm surprised. I didn't have any statistics, so I was acknowledging the possibility not a lot were convicted. Great point about the inaccuracy of breathalyzers.

There is far too serious of a discussion going on here.

Check out that cooler!

Dude I'm with you. That cooler is high on my Father's Day wish list!

I appreciate what you are trying to say, but it's not correct. It is not a violation of VA Code 18.2-266 to ride a bike drunk. A bike is not a motor vehicle, and that's what the statute is limited to.

In Maryland it's different. Here's an excerpt from a recent case that discusses it:


I can't speak to NC, but you may be correct about the laws down there.
Well then tell that to my buddy who got a DUI on his bike in Va Beach. He had a lawyer and still was convected. He lost his lic and had attend ASAP. Now the under .08 I guess I was wrong about that but I would think that its very rare and a person would have to be acting very drunk.

A key point in this discussion is whether you believe the government has a right to protect you from yourself.

I personally don't feel they have that right, but if you do, then it's pretty clear: operating any machinery under the influence of alcohol should be illegal. In fact, you could go as far as saying drinking alcohol should be illegal, since you can die from over-consumption.

A key point in this discussion is whether you believe the government has a right to protect you from yourself.

I personally don't feel they have that right, but if you do, then it's pretty clear: operating any machinery under the influence of alcohol should be illegal. In fact, you could go as far as saying drinking alcohol should be illegal, since you can die from over-consumption.
Are you saying that you don't think drinking and driving should be illegal?

Well then tell that to my buddy who got a DUI on his bike in Va Beach. He had a lawyer and still was convected. He lost his lic and had attend ASAP. Now the under .08 I guess I was wrong about that but I would think that its very rare and a person would have to be acting very drunk.
Was it a moped?

Are you saying that you don't think drinking and driving should be illegal?

No, because that endangers the lives of others -- not just yourself.

Dude I'm with you. That cooler is high on my Father's Day wish list!
I was telling my wife the other day that if we ever get season tickets for the Skins or Terps, I'm definitely getting this thing. I mean, how else are you going to get from your car to the port-a-john and still have your booze in tow.

AMD - we should get a few of these for next Regents Cup and have a race.