Civil Liberties and drunk driving

The State can prove a DUI by one of two theories, either by proof of an unlawful blood alcohol content (0.08 or above) or proving the person's normal faculties were impaired by alcohol or a prohibited substance, which can include some prescribed medications. The standard is impairment, not intoxication, and is normally proved by a combination of factors such as:
1. Driving pattern
2. Physical characteristics such as bloodshot eyes, slurred speech, odor of alcohol, ability to stand and walk.
3. Performance on field sobriety exercises
4. Admission to drinking.

That case you cited is still good law. You can get a DUI in your driveway.

 

Every place in Florida if it is a subsequent offense of you have an elevated BAC, over 0.15.

 

Thank God Fox has the guts to expose Biden's twisted and evil scheme!

Jesse Watters says Joe Biden is installing kill switches to disable cars on Election Day and keep people from voting



https://www.mediamatters.org/fox-ne...l-switches-disable-cars-election-day-and-keep

 

I guess I shouldn’t drink a beer while cleaning the inside of my vehicle while it’s sitting in the driveway? You know that pesky open container law.

What the hell happened to the “intent” portion of criminal laws?

 

Or grandpappy is in his house, having some beers while watching the game, which is perfectly legal. He wants some fresh air, so he decides to check the mail. He hobles to his mobility scooter, and soon as his rear hits the seat, he's guilty of DUI. Or he just wants to sit on the front porch for fresh air, has a seat on his scooter, forgets his keyring is in his pocket.. He would be considered in control of the device. Boom, DUI. This law is dumb.

 

Dumb and wrong

 

Even better.. Grandpappy gets a ride to Walmart. He does not drive there. He doesn't have an open container. He does not drink in the parking lot. But since he had those beers earlier while watching the game, as soon as he sits down in the scooter that Walmart provides, assuming that anyone can access the scooter without a key, DUI. If he gets a key, and sits down in it, DUI.

 

Gives new meaning to the phrase "horn blows, does the driver?"