marvelousmouse

I'm so shocked, Jean. Just stunned. Who woulda predicted that

DebbieDoesDulles

.05? The same for a 4 foot 9 woman who's having her first glass of wine ever as for a 6foot 8 inch man who's been drinking for 40 years? Hmmmmmm.....

If they really want to make a difference they should enforce stricter cell-phone laws. Or make everyone take an intelligence test before they're allowed on the road.

marvelousmouse

It's not height, the BCA charts are based on weight. And 1 glass of wine isn't going to make anyone, even someone 80 pounds and five feet tall, reach .05. (Although with the woman in your example, I really don't think she's going to get behind the wheel).

I think psych evaluation would be more useful that intelligence test. Plenty of intelligent people use cell phones and have road rage.

Christina

It wouldn't bother me at all because to get a ticket, you first have to be stopped, generally because you've done something wrong. Secondly, most people who drink a lot while on ski vacations do it where they are staying or within walking distance, they aren't driving a lot afterwards. At least at any place I go skiing. I have been to Park City a couple times and seems to me people like to stay right near the lifts a lot or they may be drinking in lodges where they are staying, anyway. They aren't driving long distances afterwards. I drove maybe a mile or two when I stayed there as I didn't want to pay the prices to stay right near the lifts.

I just used a BAC chart and it claims that a woman of my weight (135) would need 2 glasses of wine to reach .05. It didn't explain how long that would last, though (eg, what it would be an hour later). So I guess I could be arrested if I drank 2 glasses of wine in a short period and immediately got in a car to drive and did something to get stopped. Well, if I did, I should be stopped.

IN fact, I have had 2 glasses of wine occasionally with dinner over a couple hours when on a ski vacation, but I always am walking back to my lodge.

I think some skiers do indeed base where they go on the bar scene, at least the ones I know do. Not to an extreme extent, but they don't want to go to a place that is dead, I wouldn't go to a place with no decent restaurants or bars, either.

marvelousmouse

Right. you explained that better than I did, thanks. The bar/food scene is definitely one of the criteria for deciding on a ski destination. But the people who usually take it into account are not long distance daytrippers. They're probably staying pretty close to the bar.

And the part about needing to be pulled over is a good point too. The only way you can get a DUI is to get caught driving impaired. Or stupidly, or recklessly. They aren't pulling random people over to check BAC.

vincenzo32951

>>I think psych evaluation would be more useful that intelligence test. Plenty of intelligent people use cell phones and have road rage.> The only way you can get a DUI is to get caught driving impaired.

marvelousmouse

Well they do do sobriety checkpoints once in a while, but you'd only actually get further tests if you are acting suspiciously. It's like "sir, we're running a sobriety check point, have a good evening".

It's not frequent; I've only seen it on holiday weekends occasionally.

As for your other point, I don't really think they need to do any more tests than they already do. I was just responding to the person who suggested an intelligence test. It's not the stupid people who are dangerous out there. It's the angry ones.

bailey123

Bit confused by this article. CO has had a DWAI Law with .05 BAC for years. Punishment is up to $500 fine and 6 months in jail and it is strictly enforced

marvelousmouse

There's a difference (albeit a minor one). If someone was sropped for a broken taillight in Colorado and tested to less than .08, the person doesn't get the jail time and fine (provided they are 21 or older). If they ran a red light, got stopped, tested above .05, then jail time and fine. Utah is the first state to make .05 the limit in both cases. So broken taillight guy is still slapped with jail and fine in Utah, just like traffic infraction red light guy.

marvelousmouse

(Or come to think of it, I have no idea if broken taillight is an infraction. But I've never gotten a ticket for it, so don't think so).

bailey123

Marvelousmouse, I believe your interpretation of CO law is incorrect. It is not a requirement to be stopped for a driving infraction any different than DUI. It only requires, as in other alcohol related infractions, that law enforcement has probable cause to suspect either DUI or DWAI. One is driving under the influence, the other is driving while alcohol impaired. Nonetheless, no one wants to spend 6 months in jail on a first offense of having 2 drinks under DWAI. I know several people in CO who have paid fines and spent time in jail for drinking 2 beers when no other infraction was involved. This is a state of 0 tolerance. I for one take no chances here, in UT or anywhere else

marvelousmouse

The zero tolerance is apparently only under 21. I looked at a couple of different sources.

"Colorado’s "per se" blood alcohol content (BAC) is 0.08%, meaning that as long as a driver has a .08% BAC, he or she could be convicted of a DUI absent any other evidence of impairment. Colorado also has what is known as an "aggravated DUI" charge, which permits enhanced penalties if the driver has a BAC of 0.17% or higher. Additionally, Colorado enforces a "zero tolerance law" for drivers under the legal drinking age of 21 years old whereby any BAC of 0.02-0.05% could result in an Underage Drinking and Driving infraction conviction."

"A first DUI offense in Colorado results in both criminal (fines and possibly jail time) and administrative penalties (license suspension). However, aside from DUI charges, which involve drivers found with a Blood Alcohol Content (BAC) above .08, Colorado also includes penalties for DWAI (Driving While Ability Impaired) violations. DWAI refers to driving a vehicle when a person has consumed alcohol or drugs, or a combination so that the driver is less able to exercise clear judgment -- for example a driver with a BAC above .05 to less "

bailey123

My reference to 0 tolerance is not part of the Statute, it is a term in reality upon observing enforcement play out here in CO. Bottom line, CO has two classifications for adults (21 and over) who have imbibed too much alclohol or drugs. One is driving under the influence which is .08 and the other is driving while ability impaired and is measured at .05. The basis for determination in either event, is not necessarily how they are driving, in fact one need do nothing no more than park his car and fall asleep to cause probably cause. Ask the golf pro at the Phx open last year.

marvelousmouse

All right then. I won't argue statute vs. "what happens", even though it's the statute that actually determines whether or not the charge will stand up in court. But that's different than what Utah is doing. .05 no matter what, visible impairment or not, no matter what age you are.

vincenzo32951

>>Well they do do sobriety checkpoints once in a while, but you'd only actually get further tests if you are acting suspiciously.

marvelousmouse

Oh for...

Ok. The most common way you can get caught is if you get caught driving impaired, or stupidly, or recklessly. I'd love to see the statistics on the number of people they catch through the checkpoints vs the number of people they catch through pulling them over due to suspicious behavior or finding them at the scene of an accident. I have a feeling the latter is much, much higher.

vincenzo32951

Don't get angry at me just because you're not clear and contradictory. And now you want to pivot to what's the most common method of getting caught. What's that got to do with whether or not they have checkpoints and whether people are occasionally charged as a result of a checkpoint stop?

Given that there obviously are more accidents than checkpoints, obviously more people would be charged at accident scenes.

northie

I remember similar arguments when Us read of other countries that brought in seat belt laws .most of the rest of the world has .05 ( except England and Wales) . And shock horror other places have compulsory breath testing for alcohol and drugs - and no the world hadn't fallen in . Many countries also have much lower road deaths due to this many safety programs .