Keldric wrote: [PC CHANGE] [(11)10. Driving Under The Influence (DUI)]
What should be changed:
1. A person who drives a vehicle or operates heavy machinery while under the influence of alcohol at or above the legal limit of 0.08 percent BAV
2. A person who drives a vehicle or operates heavy machinery while under the influence of alcohol at or above the legal limit of 0.08 percent BAV - This is the same as 1.
3. A person who drives or operates heavy machinery under the influence of awareness-altering drugs, regardless of whether those drugs are being used under a prescription. - This should not be limited to heavy machinery. A motor vehicle is just as dangerous as heavy machinery when someone is operating it under the influence.
Why: I've stopped several people who have been under the influence of marijuana, but marijuana isn't measured by blood alcohol content, neither is being under the influence of any type of prescription drug or controlled substance. I also believe that if you're under the age of 21, the legal limit should be 0.02 and while operating a commercial vehicle(semis, trucker vehicles, etc), the legal limit should be 0.04
UPDATE: Suggesting the new DUI law look like this, for less confusion of my original post.
[PC CHANGE] [(11)10. Driving Under The Influence (DUI)]
What should be changed:
1) DUI Less Safe - Alcohol
- A person commits the offense of DUI less safe alcohol when that person being in physical control of any moving vehicle drive under the influence of alcohol to the extent it was less safe for that person to drive.
2)DUI Less Safe - Drugs
- A person commits the offense of DUI less safe drugs when that person being in physical control of any moving vehicle drive under the influence of drugs or prescription drugs to the extent that it is less safe for that person to drive.
3) DUI Per Se
- A person commits the offense of DUI per se when that person being in physical control of any moving vehicle has an alcohol concentration of 0.08 grams or more at any time within three hours after driving, during driving, or after the driving ended.
- If the driver is in physical control of a commercial vehicle(semis, heavy machinery, transport vans, etc) the amount of alcohol present in the drivers blood, breath or urine may not exceed 0.04
- If the driver is under the age of 21, the amount of alcohol present in the drivers blood, breath or urine may not exceed 0.02
Why: Extends the DUI law because there's many times I've stopped people being DUI and going off-road, nearly rolling and nearly killing a whole sidewalk but when I do a breathalyzer, they say that they blow 0.07 knowing that the legal limit is 0.08.