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by Keith B
Mon Jul 06, 2015 3:07 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 3626

Re: Drinking/Intoxicated clarified in Penal Code?

EEllis wrote:
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.
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.
:iagree:
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.
by Keith B
Thu Jul 02, 2015 7:31 pm
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 3626

Re: Drinking/Intoxicated clarified in Penal Code?

jmra wrote:
o b juan wrote:At the last (7th) Instructor school I attended. I think it was 09' The DPS Sarge said if he smelled alcohol he would do his best to violate you while driving; most particularly if you had a H.G on or about your person .

I would bet a lot of them feel that way..
They have seen a lot of mayhem and death because of alcohol..
So, they don't care if you're impaired or not, they are going to charge you anyway?
That is NOT what they said. My interpretation of his statement is that if he smells alcohol on your breath, he is going to make every effort to determine if you meet the requirements of being intoxicated. He would especially work at it if you were also carrying. He WILL go by what the law states, but if he feels you are impaired and meet the definition of intoxicated, then he will make the arrest.

This is MY interpretation of the statement.

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