SWA Pilot on paid leave pending alcohol investigation

[satpak77]

I'm not sure about that. I think those that have refused the test (which you can do) will come out at the end of the day with an alcohol related driving conviction.

For a DUI/DWI conviction, BAC must be proven.

Refuse a test and your DL can be suspended for refusal (which can be called up via records checks later) to take the test. It is suspended by the issuing authority, DPS, DOT/DMV, etc.

However for a conviction (which is criminal) for DUI/DWI, BAC indeed must be proven in court.

(or plead to out of court by the defendant who will say "yeah, you got me" but please be nice)

 

[N1atEcon]

What if I am drunk with a chick in the back seat and her pants are off with the keys in the pocket? And some Jacka$$ cop with nothing better to do starts flashing his light on her and tapping on the window. Oh yeah, that's right, he was cool and told us to "get a room." Ahhh memories........

 

[LarryinTN]

For a DUI/DWI conviction, BAC must be proven.

That's not true.

DUI is driving under the influence. All that is necessary is to prove that the driver was impaired. Any evidence of impairment can be presented, it doesn't have to be BAC results. One common form of evidence is the police car dashboard camera video of obvious impaired behavior during the traffic stop.

When BAC tests became available for enforcement most states added a second offense, called a per se offense, which does not require any evidence of actual impairment to prove. All that is needed is a BAC test result in excess of the state's legal limit.

A defendant can be convicted of both offenses, DUI and the per se offense, but will only receive one sentence.

 

[Amish RakeFight]

What if I am drunk with a chick in the back seat and her pants are off with the keys in the pocket? And some Jacka$$ cop with nothing better to do starts flashing his light on her and tapping on the window. Oh yeah, that's right, he was cool and told us to "get a room." Ahhh memories........

Same thing happened to me... in my moms car when I was 17 and the girl was 15. It was dark out on a dead street and the cops knocked on the fogged up windows. They just wanted to make sure the girl was okay. She nodded and said she was fine.. They went on their way.

 

[satpak77]

That's not true.

DUI is driving under the influence. All that is necessary is to prove that the driver was impaired. Any evidence of impairment can be presented, it doesn't have to be BAC results. One common form of evidence is the police car dashboard camera video of obvious impaired behavior during the traffic stop.

When BAC tests became available for enforcement most states added a second offense, called a per se offense, which does not require any evidence of actual impairment to prove. All that is needed is a BAC test result in excess of the state's legal limit.

A defendant can be convicted of both offenses, DUI and the per se offense, but will only receive one sentence.

Ok Larry, stick to that belief and good luck to you.

 

[navigatro]

Ok Larry, stick to that belief and good luck to you.

SatPak, you are wrong.

Larry is correct. (in most if not all states.)

In my state, you can be convicted of DUI (or OMVI) for being "appreciably impaired". That is what must be proven in court. It could be proven by witness (including officer) testimony, field sobriety results, circumstantial evidence, slurred speech, etc.

You are also in violation of the DUI (or OMVI) law if in violation of the "per se" law, which means having a blood, breath, or urine alcohol concentration in excess of state limit (.08% for breath.)

As Larry stated, you can be tried and convicted of both charges, but only sentenced on one.

 

[Amish RakeFight]

I love how pilots are such experts on things like DUI/DWI. LOL.

 

[navigatro]

I love how pilots are such experts on things like DUI/DWI. LOL.

Sometimes pilots had previous careers that give them experience in such matters.

Also, some pilots may have friends or family members that are prosecutors.

Edit: now I see the humor (i am slow)

yes, some pilots may have experience as the defendant in such a situation!

 

[Amish RakeFight]

I meant it in jest! :beer:

Believe you me... I've had my "problems" too....