comparison of drugs vs. alcohol in a dui charge? ex: alcohol is .08 for legally drunk compared to meth, etc.?
88082
Every state has different laws.  Most states require a showing of intoxication or impairment on drugs.  The .08 standard is only a "per se" level for alcohol, meaning that it is illegal regardless of the level of intoxication.  (Most people do not show obvious signs of intoxication at .08, but it is illegal to have a BAC in excess of .08 because the legislature says it's the law.)  Prosecutors often times can pursue charges below .08 if there are signs of intoxication or impairment.\n\nA few states have adopted "per se" limits for illegal substances.  Michigan, where I practice DUI defense, is among one of these states.  Here, the legislature has passed a law that "any amount" of a schedule 1 drug qualifies as drunk driving.  In Nevada (last I checked), the law said 3 ng/mL of THC.  Other states that have passed these types of laws have different levels, and other drugs have different cutoff levels.\n\nI would suggest you contact an attorney from the National College for DUI Defense in your state if you need help on this type of a charge.
125718
I think illegal and nonlegal are the same thing..although the later is not a word.... and you should go to www.erowid.com...thats where i get my drug information... good times..
851999
The balance test is not an accurate test regardless if it's for alcohol or drugs. Yes drugs affect people in various ways and the balance test may not help in any way. However a person with a disability or someone who may have vertigo or other medical conditions would NOT pass the balance test even if they were 100% sober. \n\nUrine and blood tests are much more accurate. The Breathalyzer helps for alcohol, but still not as accurate as the urine and blood tests. You can actually get more information than the breathalyzer. Also the balance test is pretty much hearsay unless it is video taped. I would always encourage people to ask for the other options in any case.
308930
Speed is a slang word for amphetamines.  On the street crystal meth refers to a highly refined meth-amphetamine, where as "crank" is usually dirty and gross.  Real crystal meth looks like broken glass, where as "crank" is a white or yellowish (sometimes even brownish) powder.\n\nThis is the worst drug in the history of man, stop using it now.  Very very bad stuff, all of it from crystal to the yucky brown stuff!\n\nHow could you use this drug for 4 years and not know the difference, or what you were doing?
58918
If you have Xanax in your system in th last two days, in my state, you are legally considered under the influence. There is no sobriety check or blood level check. If you have taken it you are intoxicated and all the laws covering dui apply to you if you are driving on it.
75681
Alcohol can be traced in the urine; however, it is primarily tested through breath or blood analysis. Time of passing is determined by quantity of consumption.
895582
Are you sure it wasn't a DUI?  It seems like it should have been.  Did the officer give you a breath test or anything to determine your Blood/Alcohol?  Did he perform field sobriety tests?  If not then the judge will not know if you were impaired or if you were even over the legal limit.  Usually judges don't ammend charges anyway.  They make a decision on what the officer gives them.  They don't just go adding charges that can't be proven.
61067
Since laws vary from state to state, you'd get better answers if you told us what state you're talking about.\n\nAlso, are you talking about a misdemeanor DUI, or a felony DUI?\n\nCalifornia = 10 years (misd).  Recently changed from 7.
187188
You only asked for the (a) charge, so here it is:\n\n23152.  (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.\n\nIf there's something else you want to know, I'd be glad to see what I could do for you.
568209
63-3-7 has nothing to do with alcohol... it permits the DMV to print "Rules of the Road" booklets.\n\nAs for the possession of alcohol, 67-1-9 says that the first offense is punihsable by $100-$500 and 1 week to 3 months in jail. The second offense is punihsable by $100-$5,000 and 60 days to 6 months. The third offense is punihsable by $100-$5,000 and 1-5 years.
148877
He's asking about California.  \n\nThe question is nonsense, however.  Section 1538.5 of the Penal Code is the statutory mechanism that allows unlawfully obtained evidence to be suppressed (kept out of court).  A 1538.5 hearing is held at the request of the defendant to determine if the government followed "the rules" when it obtained evidence to be used against a defendant in a criminal case.\n\nFor example, if a defendant is charged with possession of drugs based on a search of his person, the defense may file a 1538.5 motion to challenge the search.  The defendant may take the position that the search was unlawful and ask the Court to exclude the evidence obtained as a result of the unlawful search.  \n\nIn Danny's case, a 1538.5 motion might be filed to contest the legality of the checkpoint, the observations of his sobriety made by the officer who initially detained him, the observations made by the officer who evaluated him and ultimately arrested him, and/or the function of the breath machine or other chemical testing procedure.  There might even be more issues, but those are the significant ones.\n\nSo while the question really doesn't make sense, it at least shows the poster has an idea of what's going on.  A 1538.5 hearing is used to determine if the government did the things it's allowed to do by law and didn't violate anyone's constitutional rights.\n\nDanny - see my other answer to your first question.  I applaud your interest in safeguarding your rights.  However, if you acknowledge (even if only to yourself) that you were driving in violation of the laws in California concerning DUI (driving a motor vehicle with a blood alcohol level of .08% or higher) then I'm left feeling like you need to accept that you potentially could have killed someone (or yourself) that night, and take your lumps.  If you think you can get off on a technicality, go for it if you want.  But really...you know if you were guilty or not, no matter what the legal beagles end up saying, and if you should be punished for making a bad decision, then take it and move on.  I know it's expensive and I know it has a *profound* impact on your life...but the impact you might have had on other lives that night makes your concerns look childish.\n\nEDIT 2/12/06: James F...I know, but that does not stop defendants from filing supppression motions against them.
137968
The major difference between methamphetamines and amphetamines is the manufacture and strength. Methamphetamines are more potent than amphetamines.
894711
I am sure that was a .64  since a .08 or a .10 is legal drunk,  and a .6 would be basicly dead.\n\nWhat you will be ticketed for ( and normally sent to your parents) will be a minor in possession  and I would say that most likely the parent there should be in jail now if the officer did thier job property for allowing unage to drink and providing it, ( even if they did not physcialy provide it, since it was there and they were there)\n\nNormally you will have either a fine or community service and osme probation time.\n\nBut no, they can send a ticket to you in the mail, not uncommom or come latter and arrest you and take you in and make your parents come down and get you out of lock up.
504696
Not likely. Not only that, most places that test for drugs (especially if this has anything to do with "the law") also test urine for dilution, since this is the most common method people tend to use to try to mask (or get rid of) the drug from being detected in their systems. Usually, what else is "looked for" are the common ingredients found in your over-the-counter type supposed "remedies". None of them work anyway, and if your urine is found to have any of those common components (like in those drinks you can buy that supposedly work)- or your urine has too much water in it, or the ph level is off, usually this will count as a "dirty u.a.". Meth usually takes 7-10 days to clear the system, sometimes longer, and there's really not much you can do at all to "speed things up". Your best bet- in the future, is, to not use the drug.\n\n-Tera (time4u420@yahoo)
60196
Fighting a DUI in any state is tough. Chat with other people who have been on trial for DUI. There are several factors that make a person guilty or not guilty. Assuming you are the driver and you have had at least one drink with alcohol before driving and you have not been found guilty of DUI in the past. Questions you need answered:  (1) was your blood alcohol content .08 or above. You can, on your own, obtain your BAC results from the agency that charged you. This has a time limit. (2) Are you 21 years of age. If under 21 NO alcohol is allowed BAC of 0.00 is legal. (3) Why were you stopped? There has to be a reason why the officer stopped you. Did you break at least one out of about 1200+ traffic laws in the State of Ca? I feel these are three questions you must have answered before freaking out \n\nDrinking alcohol------------------> Driving------------------> Breaking a traffic law------------------------>getting stopped by police----------------->failing one field sobriety test------------------->arrest-------------->BAC test (breath or blood) evidence--------------->citation issued-------------------->released from arrest---------------> call a lawyer or not…can’t sleep at night….freaking out.\n\nIf you have been charged with DUI and have not gone to trial, do about 3 hours research before hiring a lawyer. Check out case law and case ruling on recent DUI trials in CA. Get stats on sentences for first time offenders. You should see a trend in fines, probation, time served….. In many states there is a max. sentence for a class one misdemeanor (ex. Max 1 year jail, 3 years probation, $2500 fine). This is told to you by the judge at your first court appearance. People freak when they hear this. This is where case law and rulings come in. Usually if found guilty you will (pay a fine, spend one night in jail, have to go to AA meetings, be put on 1 year unsupervised probation, loose driving privileges for 3 months) This is common.   \n\n If the only factor is DUI not involving a prior criminal history, accident, injury, death, damage, extreme DUI, a felony (drugs, weapons….). Get your BAC results. Find out why you were stopped. Get a copy of the Police DUI report. Look over the officer’s narrative (find out how you did on the Field Sobriety Tests). Don’t think you are the first person this has happened to. If the odds are not in you favor (if your at this point there probably not) go into court, plead guilty, take your lumps OR spend $6000 on a lawyer, listen to him tell the judge what a nice person you are, listen to him ask the officer questions he already knows the answer to (impressing you, getting more of your money, looking smart). Get a hug and a “I’m sorry” when found guilty. Get the same sentence you would have gotten if you would have pled guilty. \n\nThe way to beat a DUI is learn from your mistake. You committed a crime. Thank goodness you were stopped before someone was killed. Thank goodness this can be put behind you. Thank goodness you don’t have to live with this the rest of you life. Thank goodness you are worried and want to know how to fight a DUI, it shows that you know you did something wrong. I’m happy you’re a fighter. Keep your head up and come out a winner in this fight. \n\nI’m writing this because when an accident involving the death of an innocent person and a driver who is DUI my heart falls out of me. Lives are ruined on both ends. Lives of good people on both ends are torn apart. What a shame when a night of celebration turns into 20 years behind bars and people taking their last breath.. Think what a lucky person you are. I have seen too many who were unlucky.   \n\nYour Honor, I made a mistake. I haven’t made this same mistake since. I know I used bad judgment. I know this could have turned out to be a lot worse than it did. I’m just happy that I was stopped before more damage was done. I know that I will be punished for my bad judgment
44097
alchohol is a depressant as in "downer" and meth is an "upper" stimulant combined the confuse your brain activity and heart and can cause a heart attack and even death
608742
Ehrrr. During in competition drugs testing, alcohol is considered a banned substance. It is considered a drug by WADA (World Anti Doping Agency.) \nSo if you test positive for alcohol during a competition you fail the drugs test. \nGood luck getting a drinking game into the Olympics...