Quote:
Originally posted by PA_SVX
You CAN be convicted for DUI while under the limit in some states. It's rare but can happen. In PA the limit was just reduced from .10 to .08. We only do blood in Lehigh County as it's more accurate. As for the under the limit, in section 3731 of the Vehicle code (Title 75) part of the requirement states safe driving as well as the .08 limit. So you could be at .079 and be convicted for your operation. I'm not saying 8 over, but if there are other circumstances, ie collision, red light running, wrong side of road, etc that prove you incapable of safe operation, you could be convicted for the DUI. Rare, but can happen.
I did have a case like yours sort of. Arrested a guy for DUI and he blew a .098 and .099. I could have processed him anyway, but he was nice so I drove him home. He got stuck for the tow and storage ($92) and thanked me for it. When he picked up his car he thanked me again. I even let him slide on the red light ticket that started it all.
As for checkpoints, I don't see a problem other then possibly making you late. You get greeted and if there is no odor of alcohol or other factors, you get sent on your way. No big deal. I've driven through them in my own car and never had a problem. But, I never drink and drive.
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hey PA_SVX. let me get this straight...this guy you let off blew a .098 and .099 after you pulled him over for running a red light because he was a nice guy. the limit for BAC level accepted in your state is .080. while i am pretty sure that is not his first time behind the wheel intoxicated, i'm glad that that guy is back on the street without a record except for the $92 tow/storage charge. we need more stand up officers like yourself. wish more officers would give rides more often to keep drunks off the streets.
i wish you the best of luck writing reports for victims of those who ran a redlight and caused an accident while intoxicated.