Criminal Code 0.05% BAC law will decrease impaired driving

**Darin** · 01-12-06, 06:08 PM

Originally Posted by kdm0409

hell I was fine and was drinking away and not showing any signs and I was .10..

OK by not showing any signs...do you mean as in how you were feeling or by the way you did your SFST?

And you brought up a good point. People who drink alot can "function" and appear "normal" at .08%. But they will still show signs of impairment. HGN will be their undoing.

**kdm0409** · 01-12-06, 06:15 PM

Originally Posted by Darin

OK by not showing any signs...do you mean as in how you were feeling or by the way you did your SFST?

And you brought up a good point. People who drink alot can "function" and appear "normal" at .08%. But they will still show signs of impairment. HGN will be their undoing.

I didn't make myself clear...oops...I wasn't showing signs as to the way I was acting or the way I did the FST's, but as you noted the HGN, well let's just say I was screwed on that one...during this class, they first had to give me the FST's and determine my ability, then they could do the HGN, all their answers changed after the HGN...but they were all still suprised at my level because of my size..

**Darin** · 01-12-06, 06:21 PM

Originally Posted by kdm0409

I didn't make myself clear...oops...I wasn't showing signs as to the way I was acting or the way I did the FST's, but as you noted the HGN, well let's just say I was screwed on that one...during this class, they first had to give me the FST's and determine my ability, then they could do the HGN, all their answers changed after the HGN...but they were all still suprised at my level because of my size..

HGN is great....I wished my jurisdiction would actually recognize HGN as a valid court approved test. I can't testify to the HGN but I can use it as PC for the arrest.

Before I learned the HGN I probably let a few DUI's go. By let go I mean not arrest and also NOT letting them drive away. I've had a few that I knew in my gut were at least .08 but their field tests were borderline. They refused the PBT. I thought about hooking them up but I wouldn't be able to articulate their level of impairment in court.

**Darin** · 01-12-06, 06:22 PM

And hardcore drunks will practice field tests. At an .08 they could do pretty good on field tests. Up until the HGN

**chris2001** · 01-12-06, 06:23 PM

Bad thing is HGN is not admissable in my courts.

**kdm0409** · 01-12-06, 06:25 PM

Originally Posted by Darin

HGN is great....I wished my jurisdiction would actually recognize HGN as a valid court approved test. I can't testify to the HGN but I can use it as PC for the arrest.

Before I learned the HGN I probably let a few DUI's go. By let go I mean not arrest and also NOT letting them drive away. I've had a few that I knew in my gut were at least .08 but their field tests were borderline. They refused the PBT. I thought about hooking them up but I wouldn't be able to articulate their level of impairment in court.

Yeah, unfortunately I don't know many places that it will hold up...it doesn't here either, but I love the test...works everytime... and I have learned to be a good bullshitter..I mean I have learned the correct way to articulate things lol