Moderator: Charles L. Cotton
Charles L. Cotton wrote:Now for the real world. We are in a problem solving mode with our friends in Austin and 46.035(d) isn't going to be perceived as a problem, so this is really an academic discussion. You guys have forced me back to the books though. At my age, when the baby lawyers see me doing research, they just start laughing and ask why I didn't tell them to do it.
Baytown wrote:I guess one could compare Chas. idea with the fact that if a drunk has a car at his disposal, but is not driving it, there is no enhancement of the PI.
Good point on that. I can see the logic, if you are drunk and have a gun, and you are able to control yourself, then why is it an issue?
If you are drunk and you and your gun pose a problem, then drop the hammer. I can see that.
And my wife says I'm hard headed.
txinvestigator wrote:Tom wrote:Need some ideas here, but I think it should be the same as for driving.
Any pros/cons to .08?
.08% is only a presumed level for DWI. Convictions can be had at lower BAC's. In fact, I have.
Baytown wrote:If you are asking if I have gotten a conviction when the DWI was under .08, yes. I have gotten many when they refused to blow.
HankB, my point was if we wanted to set a numeric figure, then there should be an implied consent provision.
HankB wrote:Drunks ought not be driving cars or using guns. Absolutely agree with this. If you're even slightly "tipsy" stay off the road and leave your guns alone.
But I don't see that having a single beer or one glass of wine is going to make a responsible person untrustworthy with a firearm.
stevie_d_64 wrote:HankB wrote:I learned a rule of thumb (take it for what its worth)...For every drink you intake it is a 10% drop in physical and cognative reasoning skills...Ignoring the metabolic rates for different people, for sake of argument...
gigag04 wrote:stevie_d_64 wrote:HankB wrote:I learned a rule of thumb (take it for what its worth)...For every drink you intake it is a 10% drop in physical and cognative reasoning skills...Ignoring the metabolic rates for different people, for sake of argument...
Here is the engineer/business guy in me.
start at 100%
1 drink - 90%
2 drinks - 81%
3 drinks - 72.9%
Unless you assume you lose another 10% from the entire "sobberness."
But if you just use the rule flat, then one drink you lose 10% of 100%,
another and you lose 10% of 90%, another you lose 10% of 81%....
just thinking instead of working. None of this really matters anyway.
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