If you can test, and normally do, then a jury would have some issues with why it wasn't done. Now if there isn't a way of immediately testing then it's would be much easier to explain .Keith B wrote:EEllis wrote:Generally speaking with a DUI it's almost impossible to get a conviction without having some certified reading of blood alcohol level if the individual has a decent attorney. So much so it's rarely tried anymore. I would expect it to be the same with a chl.ElGato wrote:I have talked to LEO's who will arrest if they smell alcohol, other's want a .08, sometimes hear both sitting at the same table. I teach that and leave it up to them with the suggestion that they abstain.
While it would be possible if the intoxicants are not alcohol and you had to make the case, but if it is strictly alcohol then they should be doing everything they can to strengthen the evidence by doing a BAC test.
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Return to “Drinking/Intoxicated clarified in Penal Code?”
- Mon Jul 06, 2015 8:11 pm
- Forum: 2015 Legislative Session
- Topic: Drinking/Intoxicated clarified in Penal Code?
- Replies: 23
- Views: 13363
Re: Drinking/Intoxicated clarified in Penal Code?
- Mon Jul 06, 2015 1:00 pm
- Forum: 2015 Legislative Session
- Topic: Drinking/Intoxicated clarified in Penal Code?
- Replies: 23
- Views: 13363
Re: Drinking/Intoxicated clarified in Penal Code?
Generally speaking with a DUI it's almost impossible to get a conviction without having some certified reading of blood alcohol level if the individual has a decent attorney. So much so it's rarely tried anymore. I would expect it to be the same with a chl.ElGato wrote:I have talked to LEO's who will arrest if they smell alcohol, other's want a .08, sometimes hear both sitting at the same table. I teach that and leave it up to them with the suggestion that they abstain.