Getting a DUI/DWI while on the trail
#1
Here in Oregon a friend got a DUI (DWI) ticket for rideing his 450S after haveing 2 beers and rideing on a trail. He blew a .08 and they ticketed him and took his drivers licence when he pulled into camp (never on a road). I cant see how they can enforce road laws on the trail in a national forest. If you dont need a drivers licence to ride a quad how can they take it? Now his auto insurance has doubbled and he has no drivers licence for a month along with a $900 fine and a inpounded quad. Now I am not a fan of drinking and rideing but isnt this just a tad crazy?
#2
Well it can happen i seen people get dui on a bike on the sidewalk. Seen people get them on a wheelchair. They can take your licence i almost got my licence taken away before I even got them. Because i was throwing corn, which is kinda dumb but no reason to get in trouble. BTW i didnt get caught some guy that was chasing me with a shotgun told the cops my name and the next morning they came and talked to me.
(I'm only 15)
(I'm only 15)
#3
First off, if he blew .08 He would of had to have had more then two beers. This is coming from a law enforcement officer.
Depending on the persons body weight .08 can range from 4-7 beers.
I believe the OUI law is pretty ridiculous sometimes when dealing with quads, but think about if you had a loved one that got seriously injured or killed from a person that was intoxicated on a quad you would want justice served. These machines can be dangerous and I believe that there needs to be some law, maybe just not this serious or maybe it shouldn't reflect your drivers license but if the laws were not this stiff nobody would abide the laws.
Depending on the persons body weight .08 can range from 4-7 beers.
I believe the OUI law is pretty ridiculous sometimes when dealing with quads, but think about if you had a loved one that got seriously injured or killed from a person that was intoxicated on a quad you would want justice served. These machines can be dangerous and I believe that there needs to be some law, maybe just not this serious or maybe it shouldn't reflect your drivers license but if the laws were not this stiff nobody would abide the laws.
#5
Anyone associated with law enforcement knows damn well it IS possible to blow a .08 with 2 beers.It depends on how fast the beer was consumed? [was it guzzled and the test administerd thereafter?] The persons tollerance to alcohol?And his/her weight?
Each induvidule is differant.In 1985,[I was CRAZY back than]my bro John blew a .14 and was driving my Blazier,he went to jail for DWI.The officer explained to me that I looked/acted sober enough to drive into the next town,which was 14 miles away.I felt I was to.He said that for his own assurance,I'd have to blow into the breathalizer,I agreed.I blew a .24
Needless to say,myself and the Blazier got TOWED to the next towns Hotel and I left for home in the morning.My point is everyone is differant.Im not sure if I agree with the laws .08 alcohol content.I have since changed my ways of drinking.It hurts more now [the hangovers] and the laws scare the poop out of me,and I'd never want to jeoperdize anyones safety.My older age makes me think differantly/wiser now.
I ride with a few guys that drink on the trail [a few beers] once in awile.I have NEVER seen them endanger anyones life or safety because of it.JRM,I agree,your friends license should not of been taken away from him.The DUI law has really gotten out of hand when we start picking on someone who had 2 cans of beer on a TRAIL.I also agree,there need to be laws governing DUI on the trailheads to,but yanking your drivers license is WAY OUT OF HAND,
I'll drink to that,
Bill
Each induvidule is differant.In 1985,[I was CRAZY back than]my bro John blew a .14 and was driving my Blazier,he went to jail for DWI.The officer explained to me that I looked/acted sober enough to drive into the next town,which was 14 miles away.I felt I was to.He said that for his own assurance,I'd have to blow into the breathalizer,I agreed.I blew a .24
Needless to say,myself and the Blazier got TOWED to the next towns Hotel and I left for home in the morning.My point is everyone is differant.Im not sure if I agree with the laws .08 alcohol content.I have since changed my ways of drinking.It hurts more now [the hangovers] and the laws scare the poop out of me,and I'd never want to jeoperdize anyones safety.My older age makes me think differantly/wiser now.
I ride with a few guys that drink on the trail [a few beers] once in awile.I have NEVER seen them endanger anyones life or safety because of it.JRM,I agree,your friends license should not of been taken away from him.The DUI law has really gotten out of hand when we start picking on someone who had 2 cans of beer on a TRAIL.I also agree,there need to be laws governing DUI on the trailheads to,but yanking your drivers license is WAY OUT OF HAND,
I'll drink to that,
Bill
#6
There is a lot of truth to your statement Bill.
A police officer is supposed to wait ATLEAST 20 minutes to administer the breath test. 20 minutes can make a huge difference. For example I tested a guy who was operating a boat and drinking at the time I stoped him he then guzzled the beer his BAH was .18 we took him to the station about 30 minutes later his BAH was .07, the OUI charges where dropped but he was charged for disordely conduct.
If the officer did not wait the 20 minutes he has a case that will most likely be won especially if he has witnesses
A police officer is supposed to wait ATLEAST 20 minutes to administer the breath test. 20 minutes can make a huge difference. For example I tested a guy who was operating a boat and drinking at the time I stoped him he then guzzled the beer his BAH was .18 we took him to the station about 30 minutes later his BAH was .07, the OUI charges where dropped but he was charged for disordely conduct.
If the officer did not wait the 20 minutes he has a case that will most likely be won especially if he has witnesses
#7
While not lawyer or law enforcement officer, seems to me an ATV is a motor vehicle, regulated by the motor vehicle code. If the law says you can't operate a motor vehicle while under the influence, and a blood alcohol level of 0.8 % defines impairment (I believe this is a new national standard), I'd say the defendant is in a heap of trouble.
In a National Forest I visit, ANY alcohol use is illegal.
As to confiscating the driver's license, that sanction depends upon the law in the jurisdiction where he was riding; also, maybe his previous record.
A similar situation (operating power vehicles while impaired) exists with boats; a recent trial was concluded in Ohio concerning a boating accident involving a homicide where alcohol was a factor. As with ATV's, no license is required to operate a power boat; also, boats don't use roads; however, operation while under the influence is against the law; maybe a driver's license can be forfeited there, too.
Regardless of the technicalities of enforcement (0.8 %, 20-minute wait, etc.), is drinking and riding (or driving or boating) a good idea? What does the risk-to-gain ratio look like?
Diogenes
In a National Forest I visit, ANY alcohol use is illegal.
As to confiscating the driver's license, that sanction depends upon the law in the jurisdiction where he was riding; also, maybe his previous record.
A similar situation (operating power vehicles while impaired) exists with boats; a recent trial was concluded in Ohio concerning a boating accident involving a homicide where alcohol was a factor. As with ATV's, no license is required to operate a power boat; also, boats don't use roads; however, operation while under the influence is against the law; maybe a driver's license can be forfeited there, too.
Regardless of the technicalities of enforcement (0.8 %, 20-minute wait, etc.), is drinking and riding (or driving or boating) a good idea? What does the risk-to-gain ratio look like?
Diogenes
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#9
From my 9 years of law enforcement experience I have arrested so many DWI's that I cant possibly count them all. I will say many hundred will be a fair guess. And yes, I have encountered some individuals that did appear at first glance to be borderline when infact they were very intoxicated. This still does not mean that they are not driving impaired. I have encountered many of what we officers call professional drunks, who drink on a daily basis and can appear that they are not intoxicated until a thorough field sobriety test is conducted. I also feel that we as outdoorsmen and women need to be responsible and not give todays liberal politicans any fuel to their fire, to end our riding priveledges.
#10
I have to say im 20 years old and have been riding most of my life. Ide downed a few beers and jumped on my Suzuki LT160Quadsport (I usualy ride a LT250R) and of course like all people who get drunk though it would be a nice trail ride. Boy I was wrong! I hit a rut and it just happened to be the rut I hit there was a huge rock a couple inches from where I veered off. I broke by wrist and Ill teel you ill damn sure never do that again1! I found out the hard way!!! keep that in mind