RALFFERS 0 #1 May 23, 2008 I'm not 1 to drive drunk......however, I'm sitting here thinking of all the stupid stuff I got away with over the years..and it suddenly hit me... - there were countless tines I drove hungover the following morning. Question is , just how legal is that?... 1 time that sticks out in my head more than any other was Easter back in 2007. I only drank for a few hours, and got 9 hours of sleep, but regardless - my head was spinning when I woke up & I couldn't walk straight (at 1st.) I had to get home though; it was Easter Sunday that morning, & I had to meet the family for breakfast. I drove the 60 miles without a hitch, but it was no fun. Again - I'm interested in the legality of such a situation, based on the above description. Discuss. Dialogue/commentary between Divot, Twardo & myself - "from your first Oshkosh when the three of us were riding to or from one of Quote Share this post Link to post Share on other sites
Squeak 17 #2 May 23, 2008 More people here get busted the morning after for being over the limit. Than get busted on the night of drinking.You are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
RALFFERS 0 #3 May 23, 2008 Makes sense, but... If you were busted the morning after the fact wouldn't that require blood tests? - or do I got it ass backwards & alcohol is in your blood 1st, then hits the breath?... (but I don't think so. ) Officer Tackleberry.......err...I mean Dave where art thou? Dialogue/commentary between Divot, Twardo & myself - "from your first Oshkosh when the three of us were riding to or from one of Quote Share this post Link to post Share on other sites
Squeak 17 #4 May 23, 2008 Here the roadside breath test isd a PRELIM test only, if you register anything over a certain limit you are taken away for a full breath analysis, and/or blood test.You are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
RALFFERS 0 #5 May 23, 2008 Quote Here the roadside breath test isd a PRELIM test only, if you register anything over a certain limit you are taken away for a full breath analysis, and/or blood test. That's how it is in Europe as well. You can refuse the Breathalyzer test, but have to (by force if necessary) agree to a blood test. In the U.S. however - at least where I live, you can refuse both tests/ Dialogue/commentary between Divot, Twardo & myself - "from your first Oshkosh when the three of us were riding to or from one of Quote Share this post Link to post Share on other sites
SpeedRacer 1 #6 May 23, 2008 You would be surprised. If you drink heavily the night before, you will still have a high BAC (measurable by breathalyzer) the following morning. I'm surprised by Squeak's comment though. I have not heard of a lot of cops pulling people over for breathalyzers in the morning. Speed Racer -------------------------------------------------- Quote Share this post Link to post Share on other sites
packerboy 3 #7 May 23, 2008 That's rediculous... how does anyone ever get convicted? Why would you agree to giving up evidence against yourself if you didn't have to? -------------------------------------------------- In matters of style, swim with the current; in matters of principle, stand like a rock. ~ Thomas Jefferson Quote Share this post Link to post Share on other sites
Blue42 0 #8 May 23, 2008 Quote . - there were countless tines I drove hungover the following morning. Question is , just how legal is that?... Do you know that it is illegal to drive tired? It is also illegal to drive under the influence of prescription drugs that cause drowsiness. Never tell an officer that you are tired. Carpe Diem! Quote Share this post Link to post Share on other sites
RALFFERS 0 #9 May 23, 2008 Makes sense - it being illegal to drive on rx drugs....but driving tired?!?!. .. (O.K., that makes sense too - kinda) but still. It would have to depend on how tired you are. I think I've actually told a cop I was tired a few times. Dialogue/commentary between Divot, Twardo & myself - "from your first Oshkosh when the three of us were riding to or from one of Quote Share this post Link to post Share on other sites
BillyVance 34 #10 May 23, 2008 Quote Makes sense - it being illegal to drive on rx drugs....but driving tired?!?!. .. (O.K., that makes sense too - kinda) but still. It would have to depend on how tired you are. I think I've actually told a cop I was tired a few times. Well there are laws out there restricting the number of hours that truckers are allowed to drive each day to try and reduce accidents due to fatigue."Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
iamsam 0 #11 May 23, 2008 Quote Again - I'm interested in the legality of such a situation, .. Discuss. Pretty simple. If you're over the prescribed limit then you're driving under the influence, regardless of time of day or how long ago you stopped drinking.but what do I know Quote Share this post Link to post Share on other sites
akjmpplt 0 #12 May 23, 2008 Quote Do you know that it is illegal to drive tired? I'm not so sure about that. In Alaska there is no statute/ordinance prohibiting driving while tired. If you fall asleep driving and have an accident you could be cited for negligent or reckless driving because you chose to drive when tired...but you wouldn't be charged with driving tired.SmugMug Quote Share this post Link to post Share on other sites
Shotgun 1 #13 May 23, 2008 Quote Makes sense, but... If you were busted the morning after the fact wouldn't that require blood tests? - or do I got it ass backwards & alcohol is in your blood 1st, then hits the breath?... (but I don't think so. ) I believe that the breathalyzer is measuring alcohol from your lungs, and that they can estimate the percent in your blood by the amount that registers from the air you blow from your lungs (or something like that). So if you drank enough the night before that your BAC is still over the limit, then you are still driving illegally, and the test is the same as if you had just been drinking. (I'm not 100% sure of that, but I think that's how it is.) Quote Share this post Link to post Share on other sites
akjmpplt 0 #14 May 23, 2008 Quote In the U.S. however - at least where I live, you can refuse both tests/ Are you sure? I thought all states had an implied consent statement with the drivers license which requires you to submit to testing. If you refuse you're charged with the refusal -- here in Alaska the refusal carries the same penalty as a DUI.SmugMug Quote Share this post Link to post Share on other sites
happythoughts 0 #15 May 23, 2008 Call up a tow truck service. Sit up front with the driver. Have them tow your car home. Quote Share this post Link to post Share on other sites
Lastchance 0 #16 May 23, 2008 Yrs ago I wrecked my car after a night of Tequila and beer. I knew my shit was in the wind and since the only damage done was my own car and body so I ran and went back the next day. When I got there they were putting my car on a flatbed. The highway patrol was there also. He asked If I had been drinking the night before and of course I told him no. He said that he did not believe that I had not been drinking the night before or already that day and asked me to take a breath test. I blew just barely under the legal limit almost 12 hrs after my last drink. I was tanked and I was also very lucky. So if you are driving hungover, chances are you are still driving drunk. By the way. I have not driven undr the influence for over ten yrs now and will never do it again. I may be getting old but I got to see all the cool bands. Quote Share this post Link to post Share on other sites
Shotgun 1 #17 May 23, 2008 Here is a brief overview of how alcohol leaves the body: http://recipes.howstuffworks.com/alcohol4.htm It says that about 5 percent of the alcohol in your bloodstream is exhaled through the lungs, and that is what is measured with a breath test. Quote Share this post Link to post Share on other sites
millertime24 8 #18 May 23, 2008 Well technically, according to the FAA, you only have to wait 8 hrs from your last drink before you can legally fly an aircraft. Muff #5048 Quote Share this post Link to post Share on other sites
Broke 0 #19 May 23, 2008 QuoteThat's rediculous... how does anyone ever get convicted? Why would you agree to giving up evidence against yourself if you didn't have to? Well I know in NY if you refuse a breathalizer you are considered to be admiting guilt, and as such you liscence is suspended.Divot your source for all things Hillbilly. Anvil Brother 84 SCR 14192 Quote Share this post Link to post Share on other sites
ifall 0 #20 May 23, 2008 In Ohio if you refuse a breath test your license is automatically suspended for a year and you are charged with a Misdemeanor 1 which can carry up to $1,000 fine and 180 days in jail. Quote Share this post Link to post Share on other sites
shropshire 0 #21 May 23, 2008 Actually, no one gives a shit how long it's been since your last drink.... if your Blood/Alcohol level is above the leagal limit then you are a drunk driver [full stop] (.)Y(.) Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome Quote Share this post Link to post Share on other sites
Beerlight 0 #22 May 23, 2008 Quote Well technically, according to the FAA, you only have to wait 8 hrs from your last drink before you can legally fly an aircraft. Actually they added a while ago a statement (in addition to the one you stated) that no one can act as a crewmember (ie fly): (4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath. But back to the topic at hand, you can still be over the legal limit many many hours after consumption. Just say no...... Quote Share this post Link to post Share on other sites
BillyVance 34 #23 May 24, 2008 Quote Quote Well technically, according to the FAA, you only have to wait 8 hrs from your last drink before you can legally fly an aircraft. Actually they added a while ago a statement (in addition to the one you stated) that no one can act as a crewmember (ie fly): (4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath. But back to the topic at hand, you can still be over the legal limit many many hours after consumption. Just say no...... Right. One drink 8 hours ago likely won't do anything, but 4 or more could. It all depends on the concentration."Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
iamsam 0 #24 May 24, 2008 Quote Well technically, according to the FAA, you only have to wait 8 hrs from your last drink before you can legally fly an aircraft. I think it was just his company policy, but I once drank with a commercial aviation pilot and remember him saying 'dude - 24 hours, bottle to throttle' as he checked his watch and refused a 6th beer midway through an evening but what do I know Quote Share this post Link to post Share on other sites
airtwardo 6 #25 May 24, 2008 Quote Quote Well technically, according to the FAA, you only have to wait 8 hrs from your last drink before you can legally fly an aircraft. I think it was just his company policy, but I once drank with a commercial aviation pilot and remember him saying 'dude - 24 hours, bottle to throttle' as he checked his watch and refused a 6th beer midway through an evening All these years I always thought the regs read: 8 INCHES from bottle to throttle!? So much for my knee-board with the coozie attached! ~ If you choke a Smurf, what color does it turn? ~ Quote Share this post Link to post Share on other sites
