Bradley message board reports ISU's Sampay arrested for DUI

[lemuel777]

After asking the question about if this is really a DUI and reading the posts following it, I still do not have a grasp on how a person can be charged with Driving Under the Influence when a person is not actually cuaght driving. Maybe they should have charged Sampay with a SUI (Sleeping Under the Influence). I hope he gets a good lawyer.

[rZ]

I think the fact that you can have a beer or two during dinner and be near or slightly over the legal limit...

This is touchy because of the time frame within which you have your last drink. IIRC you can take a drink of beer, swash it around you mouth and spit it out and still blow over .08 for over an hour. Yet there is no alcohol in your blood. A true BAC can only be taken by taking a sample of blood.

I have a relative who was recently pulled over and arrested for DUI. He had drank 2 beers (if you can call bud light a beer) over a 2-2.5 hour period. He denied the breathalizer and requested a blood test instead. Once blood was taken he submitted to a breathalizer. Breathalizer read .08. Blood test revealed less than .01. Charges dropped.

[C0|dB|00ded]

I think the fact that you can have a beer or two during dinner and be near or slightly over the legal limit...

This is touchy because of the time frame within which you have your last drink. IIRC you can take a drink of beer, swash it around you mouth and spit it out and still blow over .08 for over an hour. Yet there is no alcohol in your blood. A true BAC can only be taken by taking a sample of blood.

I have a relative who was recently pulled over and arrested for DUI. He had drank 2 beers (if you can call bud light a beer) over a 2-2.5 hour period. He denied the breathalizer and requested a blood test instead. Once blood was taken he submitted to a breathalizer. Breathalizer read .08. Blood test revealed less than .01. Charges dropped.

WOW! Excellent info rZ! If the dreadful day ever comes, I will certainly follow in the footsteps of your insightful relative!


T


...8)

[rjl]

After asking the question about if this is really a DUI and reading the posts following it, I still do not have a grasp on how a person can be charged with Driving Under the Influence when a person is not actually cuaght driving. Maybe they should have charged Sampay with a SUI (Sleeping Under the Influence). I hope he gets a good lawyer.

Let me start by saying this:

I AM BY NO MEANS DEFENDING DRINKING AND DRIVING, OR TRYING TO PLAY DOWN IT'S EFFECTS.

The laws against DUIs are skewed toward prosecutions more than any other crime, including murder.

For example, if you murder someone with a knife, your defense team has a right to have the evidence independently examined to determine if that really is your fingerprints, DNA, hair folicles, ...whatever, on the weapon, found at the crime scene, etc.

When you are convicted of DUI, your defense never has an opportunity to have the air you blew independently examined to determine a BAC.

When convicted of a DUI, everything you say or do from the moment the police officer starts questioning you is used against you; your Miranda's are not read to you until all the information is gathered and you are deemed to be driving over the limit.

I could go on and on.

Why is this? Because there are many PACs (MADD, for example) who've long campaigned for tighter restrictions and harder penalties against drinking and driving, but there are no groups who've campaigned for the opposite as it would obviously be a PR nightmare. No politician is going to run for office on a pro-drinking and driving platform, for example.

Let me say this once again for the reading impaired:

I AM BY NO MEANS DEFENDING DRINKING AND DRIVING, OR TRYING TO PLAY DOWN IT'S EFFECTS.

What I am saying is this: if you ever drink alcohol, and if you drive a car, there's a very strong chance you could have been guilty of drinking and driving at one point in your life going by the government guidelines. It doesn't take much--far less than most people realize--to get convicted of DUI. Be careful.

[C0|dB|00ded]

No question there are those who have suffered because of the idiocy of a small group of individuals who are willing to drive blindly drunk. Many of the horror stories you hear regarding drunk driving accidents are when the driver was driving completely smashed. Those people get what they deserve but the responsible business man who has to go to court and be humiliated over an after-work scotch is senseless and is a real threat to the social culture in places like Old Town.

It is always the few who ruin it for the many...


T


...8)

[vbird53]

The answer of course:

Better (quality) mass transportation.

[SpanglerFan316]

The answer of course:

Better (quality) mass transportation.

I agree. WSU has students who live in the dorms or Wheatshocker and don't have a car. While the university seems to provide transportation to Walmart (and other places, I suspect) according to some (unknown to me) schedule, having a good mass transit system in Wichita would be great for the city and the university. Heck, real bike lanes would be nice.

[McShocker]

The answer of course:

Better (quality) mass transportation.

I agree. WSU has students who live in the dorms or Wheatshocker and don't have a car. While the university seems to provide transportation to Walmart (and other places, I suspect) according to some (unknown to me) schedule, having a good mass transit system in Wichita would be great for the city and the university. Heck, real bike lanes would be nice.

I hope you are not advocating drunken bicycling!!!

:innocent:

[tropicalshox]

Drunken bicycling is not tolerated here in Key West. I know a few people that have gotten DUI's while on their bicycles. Of course in Key West bicycles and scooters are the best way to get around Old Town and are very popular. And the city is known as a drinking town with a tourist problem, so the police have a pretty easy time giving out DUIs. The police are pretty strict. Heck, one year that even tried to stop nudity during fantasy fest.

[rrshock]

I think the fact that you can have a beer or two during dinner and be near or slightly over the legal limit...

This is touchy because of the time frame within which you have your last drink. IIRC you can take a drink of beer, swash it around you mouth and spit it out and still blow over .08 for over an hour. Yet there is no alcohol in your blood. A true BAC can only be taken by taking a sample of blood.

I have a relative who was recently pulled over and arrested for DUI. He had drank 2 beers (if you can call bud light a beer) over a 2-2.5 hour period. He denied the breathalizer and requested a blood test instead. Once blood was taken he submitted to a breathalizer. Breathalizer read .08. Blood test revealed less than .01. Charges dropped.

I have heard this as well. Plus, by the time you get the blood taken, your level has usually gone down. Not that I say that is right, but I would suggest to anyone that gets into this situation to ask for a blood test. You have a much better chance and there is hard evidence for a lawyer to use as well.

[rjl]

Public transportation is a joke leaving Old Town after the bars close on the weekend.

On the one hand, you've got taxi companies telling you there's a 2 - 3 hour wait when you call them.

On the other hand, you have police officers commanding you cease "loitering", go to your car, and leave Old Town.

I've had to walk home (College Hill) on several occasions.

[DUShock]

Public transportation is a joke leaving Old Town after the bars close on the weekend.

On the one hand, you've got taxi companies telling you there's a 2 - 3 hour wait when you call them.

On the other hand, you have police officers commanding you cease "loitering", go to your car, and leave Old Town.

I've had to walk home (College Hill) on several occasions.

Ahhh the proverbial catch-22

[vbird53]

When the city decided to spend taxpayers money, and begin the task of turning Kellogg into a major highway through the city, a light rail system should have been included right next to it. It would have been more expensive of course, but over the long run, the economy never would have felt it, and it would have served the Wichita community better than anything done in a long, long time.

Somehow, a vision was lacking. :roll:

[wufan]

Okay, I'm the a-hole who has had a DUI. I've otherwise never been in trouble with the law, but here is what happend. I split a pitcher with friend over about 2 hours. I got in my car to drive the four blocks home thinking I was okay. The cops immediately pulled me over for an expired tag (It expired two days prior and I had the new sticker in my glove box). I told them I had split a pitcher and they had me play the balance game in a dark rutted alley in 12 degree weathre with no coat. I shuffled my one foot while looking at the sky and touching my nose-that's a failure. I then blew a .09...I was booked with finger prints and put in jail until morning. Automatic one month DL suspension and 11 months of to and from work only. $2000 fine and alcohol abuse classes to follow. Here's the kicker-If I get a second DUI in 40 years I get 3 days in jail and no driving privelege for 12 months.

I had no idea that I was over the limit and didn't realize that not having gymnast like balance was enough for me to get arrested. I'm not defending DUI, but I do question the laws as they currently stand.

To conclude I was absolutely guilty of breaking the law and got the appropriate sentence for it. I just didn't realize how easy it was to screw up.

[im4wsu]

Not recommending this

I would not recommend this approach, but a lawyer once advised me to carry a new pint of liquor under the seat of my car. If stopped, hold the bottle out the window, open said bottle and consume as much as you can before the officer can get to you. You will fail the field tests and maybe the blood test, but they cannot prove you were drinking BEFORE the officer witnessed you drinking. It is not illegal to drink while sitting in a car (I guess you should remove the keys from the ignition).