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Blew a .06 and got a dwi
Posted by: Rrrr ()
Date: August 21, 2011 08:55PM

My documented bac is .06..I got this dwi in Arlington. The magistrate did not suspend my license because my bac was low but I still got charged. I have my first court date wednesday. anyone know what I might expect? Also a good lawyer to fight this in arly? Thanks!

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Re: Blew a .06 and got a dwi
Posted by: guest ()
Date: August 21, 2011 08:58PM

Are you under 21?

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Re: Blew a .06 and got a dwi
Posted by: Kilton ()
Date: August 21, 2011 08:59PM

Teehee.

Tough luck stupid.

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Re: Blew a .06 and got a dwi
Posted by: help ()
Date: August 21, 2011 09:12PM

a dwi and dui in VA are treated as the exact same offense so ASAP, suspended license ect is what you can expect. if you have a long record or its not your first obviously there might be more.

and in response to "guest" it doesnt matter if hes under or over 21. you can get a dwi in VA if you blow a .04 or higher

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Re: Blew a .06 and got a dwi
Posted by: no happy hour ()
Date: August 21, 2011 09:14PM

Jesus. thats two beers in an hour.

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Re: Blew a .06 and got a dwi
Posted by: Guest ()
Date: August 21, 2011 09:45PM

I was asking his age because it seems he may have been charged with a "Baby dui" (18.2-266.1)(under age 21, .02-.079) vs. a regular DUI (18.2-266).

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Re: Blew a .06 and got a dwi
Posted by: help ()
Date: August 21, 2011 09:50PM

guest, true although ironically the "baby dui" is worse than the real one

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Re: Blew a .06 and got a dwi
Posted by: Guest ()
Date: August 21, 2011 10:07PM

Just like Possession of Alcohol (underage 21)has a greater penalty than Possession of Marijuana.

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Re: Blew a .06 and got a dwi
Posted by: rickafterburner ()
Date: August 21, 2011 10:11PM

The one drink per hour rule is pretty well known and has even been published by MADD at times. It's important to know that one drink really means about 1/3 oz of alcohol or a single 12 oz 3% (6 proof) beer. If you are drinking 6% (12 proof) beer, that counts double. If you're drinking out of large wine glasses, count the size (I think it's 3oz of 12% (24 proof)). If you're drinking a mixed drink with 40% (80 proof) alcohol mixed with 50/50, you get 2 oz. That shot of 40 proof liquor should only be 1 oz.

You must consider the consequences when judging what's in the glass. The glass may be large, or the drink strong. Anyone who judges you for skipping the drink or calling a cab shouldn't be around you.

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Re: Blew a .06 and got a dwi
Posted by: Bill N ()
Date: August 21, 2011 11:06PM

The good news is that since you were under the legal limit the cop actually has to prove you were "under the influence" while you were driving. The cop is going to have to make his case based on your driving and on your behavior once he pulled you over. So it is really going to come down to which judge you pull, how good of a show the cop puts on, and how good your attorney is. There is only one of these factors which is under your control. So go out there and hire the best DWI attorney you can find who regularly appears in Arlington.

Now for the warning. Do not think the prosecutor is doing you any favors by reducing the charge to reckless. That is pretty much the standard plea bargain for a first time DWI, one they will readily offer even if your BAC is well above the legal limit. In this situation you'll likely have ASAP, license suspension, a nasty fine and a hefty hike in your insurance premiums. If that is the best deal a prosecutor will offer, have your attorney make sure they have a strong case on the DWI, because this deal can seriously mess with your life.

There are a great many Kilton's out there. Some are cops. Some get on juries, and some like to put pressure on judges and legislators about being soft on drunk driving. rickafterburner gives some good advice on judging how much alcohol you are really consuming. However a better approach if you are driving is to stop after drink #1.

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Re: Blew a .06 and got a dwi
Posted by: Rrrr ()
Date: August 22, 2011 09:01AM

im over 21....Just don't understand how if you blow under the LEGAL limit you can get a DWI. Why would they say .08 is state law when you can get a DWI for under .08. its like driving 55mph and getting a ticket for speeding.

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Re: Blew a .06 and got a dwi
Posted by: Bill N ()
Date: August 22, 2011 09:08AM

Two definitions of driving under the influence. The first is to "be driving under the influence of alcohol" which is a standard which can vary from one driver to another depending on individual tolerances of alcohol. The other is to be driving with a BAC above a certain level. The Virginia crime reaches both activities.

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Re: Blew a .06 and got a dwi
Posted by: Kilton ()
Date: August 22, 2011 09:28AM

Rrrr Wrote:
-------------------------------------------------------
> im over 21....Just don't understand how if you
> blow under the LEGAL limit you can get a DWI. Why
> would they say .08 is state law when you can get a
> DWI for under .08. its like driving 55mph and
> getting a ticket for speeding.

Guess you should have actually read the law before you decided to drink and drive. Maybe that would have made sense?

You got pulled over for a reason. Odds are high that it's because you were driving like someone under the influence. So this is well-deserved.

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Re: Blew a .06 and got a dwi
Posted by: Rrrr ()
Date: August 22, 2011 09:59AM

Kilton you sound like a dumb ass?? I know the law.. it say do not drive if you have more then a .08 in your system. I got pulled over for a california roll through a stop sign which I'm sure you and everyone on here has done before. The officer didn't even give me a ticket for the stop sign violation. I'm also a +1 driver rating and have never had a DWI before.

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Re: Blew a .06 and got a dwi
Posted by: Kilton ()
Date: August 22, 2011 10:27AM

Rrrr Wrote:
-------------------------------------------------------
> Kilton you sound like a dumb ass??

Coming from the person who just got busted for DUI? LOL.

> I got pulled over for a
> california roll through a stop sign which I'm sure
> you and everyone on here has done before.

And how did the officer know you were under the influence? He just asked to test your blood alcohol level for no reason? He must ask everyone he pulls over to do that. :-)

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Re: Blew a .06 and got a dwi
Posted by: help ()
Date: August 22, 2011 10:34AM

Rrrr no you obviously dont know the law. BAC of .08 or above is a DUI. .04-.08 is a DWI. Some states treat DWIs as a lesser offense than a DUI, Virginia does not

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Re: Blew a .06 and got a dwi
Posted by: Rrrr ()
Date: August 22, 2011 10:56AM

Kilton lets hope you get hit by a car or you get a deadly illness today. The world would be one less idiot...I love how people call you a TROLL on most of your posts.

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Re: Blew a .06 and got a dwi
Posted by: Kilton ()
Date: August 22, 2011 11:31AM

Rrrr Wrote:
-------------------------------------------------------
> The world would be one less idiot...

Again, coming from the person who just got busted for DUI, this is so cute. :-)

And not only did you get busted for DUI, you're also dumb enough to ask for help on FFU. So you're like some kind of double retard or something!

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Re: Blew a .06 and got a dwi
Posted by: dur ()
Date: August 22, 2011 11:44AM

Kilton Wrote:
-------------------------------------------------------
> Rrrr Wrote:
> --------------------------------------------------
> -----
> > The world would be one less idiot...
>
> Again, coming from the person who just got busted
> for DUI, this is so cute. :-)
>
> And not only did you get busted for DUI, you're
> also dumb enough to ask for help on FFU. So you're
> like some kind of double retard or something!



well he did get a little bit of helpful advice and i found this thread interesting...so +1 for the OP

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Re: Blew a .06 and got a dwi
Posted by: You Fucker ()
Date: August 22, 2011 11:51AM

Rrrr Wrote:
-------------------------------------------------------
> im over 21....Just don't understand how if you
> blow under the LEGAL limit you can get a DWI. Why
> would they say .08 is state law when you can get a
> DWI for under .08. its like driving 55mph and
> getting a ticket for speeding.

HAHAHA you are pretty stupid

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Re: Blew a .06 and got a dwi
Posted by: 1995hoo ()
Date: August 22, 2011 12:01PM

help Wrote:
-------------------------------------------------------
> Rrrr no you obviously dont know the law. BAC of
> .08 or above is a DUI. .04-.08 is a DWI. Some
> states treat DWIs as a lesser offense than a DUI,
> Virginia does not

You have that backwards, although you're correct that Virginia doesn't distinguish between "DWI" and "DUI." In states that do make that distinction, "DWI" is the more severe offense because it refers to "driving while intoxicated," whereas "DUI" refers to "driving under the influence." You can be "under the influence" of alcohol without being "intoxicated," as anyone who understands the difference between being "buzzed" and being "drunk" ought to know.

Va. Code 18.2-266 provides as follows. Note that "under the influence of alcohol" is a separate provision from the 0.08 BAC provision. You can be busted for DUI regardless of your BAC if it's apparent that you're under the influence of alcohol.


[QUOTED STATUTE FOLLOWS]

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

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Re: Blew a .06 and got a dwi
Posted by: Kiliton ()
Date: August 22, 2011 01:09PM

Rrrr Wrote:
-------------------------------------------------------
> Kilton lets hope you get hit by a car or you get a
> deadly illness today. The world would be one less
> idiot...I love how people call you a TROLL on most
> of your posts.

It's because he is A TROLL. His only purpose is to come on FU and try and create drama.

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Re: Blew a .06 and got a dwi
Posted by: Kilton ()
Date: August 22, 2011 01:18PM

Kiliton Wrote:
-------------------------------------------------------
> It's because he is A TROLL. His only purpose is to
> come on FU and try and create drama.

Hey doofus -- how many names are you going to post under today? :-)

This troll has yet to lose an argument with any of you anonymous lugnuts. (Actually there are two of you at most, posting under various names.) You couldn't outsmart your way out of a paper bag, let alone say something here that I can't effortlessly pick apart. :-)

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Re: Blew a .06 and got a dwi
Posted by: r ()
Date: August 22, 2011 01:40PM

Kiliton your the guy we made fun of in high school right?? knowing there are losers like you out there make me feel better about my situation. I think I would rather get a dwi then be a dumb ass responding to Posts that have nothing to do with me.
Attachments:
images.jpg

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Re: Blew a .06 and got a dwi
Posted by: Matt b p ()
Date: December 24, 2012 04:06AM

Kilton. Your a complete douche. This is my first time ever posting on here and I'm basically just doing it to call you a fXXking DXXck. Just cause your not happy with your own life doesn't mean you have to get on stupid ass forums and try to seem like some smart aXX who thinks he can nit pick people to make himself seem cool. You just come off annoying and seeming like the douche who got beat in highschool. Go jack it to the porn you look at every day and leave the socializing to normal people.

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Re: Blew a .06 and got a dwi
Posted by: BEH ()
Date: December 24, 2012 08:35AM

Theres something wrong with being a troll?

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Re: Blew a .06 and got a dwi
Posted by: Been There ()
Date: October 04, 2013 12:00PM

Just get a lawyer dude. I'm sure you'll be able to beat the charge or get it reduced to reckless driving.

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Re: Blew a .06 and got a dwi
Posted by: Too smart for Kilton ()
Date: December 12, 2013 01:45PM

What's the matter Kilton? Did your dog get run over by a drunk driver? Sounds like you have no friends to socialize with. Have a drink and STFU! Loser

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Re: Blew a .06 and got a dwi
Posted by: Jeepgirl ()
Date: December 19, 2013 06:49AM

What's wrong with what kiltons doing? You were under the influence. You should get the hammer for that. You Rrrr are the troll dumbass. Get yourself help and stop driving drunk. If I ever whiteness a drunk driver, I will personally get out of my big ass jeep and beat the shit out of you. Why? Because you could hurt or kill my mom, brother, sister, friend, son, etc. ignorance I call on the people who think this is okay.

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Re: Blew a .06 and got a dwi
Posted by: friscodog ()
Date: July 15, 2014 01:23AM

Our governments have made it really easy to fall into this "under .08%" trap.

This is a common case of faulty logic, and in fact it's one that I use in teaching formal logic.

"If Joe has .08% BAC or higher, then Joe is guilty of DUI." From that, it does NOT follow that "If Joe has below .08% BAC, then Joe is not guilty of DUI." That logic is exactly the same as: "If it's raining outside, then traffic will be bad. It's not raining outside, therefore traffic will not be bad."

Unfortunately, our governments like to tout the .08% limit, but they don't make it clear enough what that limit means. Its meaning is that you're *guaranteed* DUI if you're *over* .08%. It does NOT mean that you're immune to DUI if you're under .08%.

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Re: Blew a .06 and got a dwi
Posted by: You're a Moron ()
Date: August 22, 2015 12:17AM

>I think I would rather get a dwi then be a dumb ass responding to Posts that have nothing to do with me.

You'd rather get a dwi? And you're calling someone else a dumbass?

Additionally, nobody posting here has anything to do with you, yet you're posting her to get advice from people that have nothing to do with you.

Buy hey, stay tough keyboard cowboy!

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Re: Blew a .06 and got a dwi
Posted by: jd ()
Date: August 22, 2015 05:42PM

In va you can still be charged with dui/dwi at a .05 and above anything over .08 your presumed impaired.

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Re: Blew a .06 and got a dwi
Posted by: Hey bitch ()
Date: September 06, 2015 09:20AM

Matt b p Wrote:
-------------------------------------------------------
> Kilton. Your a complete douche. This is my first
> time ever posting on here and I'm basically just
> doing it to call you a fXXking DXXck. Just cause
> your not happy with your own life doesn't mean you
> have to get on stupid ass forums and try to seem
> like some smart aXX who thinks he can nit pick
> people to make himself seem cool. You just come
> off annoying and seeming like the douche who got
> beat in highschool. Go jack it to the porn you
> look at every day and leave the socializing to
> normal people.

Only bitches who read Tiger Beat spell like this. Or are you transgender and confused?

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Re: Blew a .06 and got a dwi
Posted by: Hey bitch ()
Date: September 06, 2015 09:22AM

"you're" and one jacks "off" to to porn.

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Re: Blew a .06 and got a dwi
Posted by: Lawyerly ()
Date: September 18, 2015 11:23AM

You absolutely need a lawyer or they're going to fuck you up for several years. They can charge you with DUI even if you don't exceed the legal limit if, in the officer's judgement, you are driving while impaired. You should be able to fight this pretty easily, but you'll need a lawyer to stand a chance.

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