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  1. #1
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    There are presumptive numerical limits to a person's BAC for being charged with DUI (.08) or DWAI (.05). The limits are also lower for operators of commercial vehicles.

    There is no such level for determining being under the influence or intoxicated in a non-driving event. It's a subjective judgment call by the officer. However...those numbers are (or were) widely used by officers when collecting evidence to show someone was intoxicated or under the influence.

    And, yes, a person can be charged with DUI with a BAC under .08 in Colorado. I've personally charged a young girl with DUI (and won the case) when her BAC was under .02 (I don't recall specifically what it was).

    Bottom line...if you're intoxicated/under the influence (drugs or liquor) and in possession of a firearm (you can exercise immediate control of the firearm) you've committed the offense of Prohibited Use of a Weapon. Regardless of whether or not you are at home or anywhere else.

    If you happen to be home and have the misfortune of having to exercise your Make My Day rights, and you're under the influence of alcohol, it's possible your judgment and ability to act reasonably will be called into question. Even the Make My Day law requires a person to act reasonably. Alcohol affects the decision making process...so it could be an aggravating factor in formulating your defense.
    Stella - my best girl ever.
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  2. #2
    I'm a dude, I swear! SuperiorDG's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    There are presumptive numerical limits to a person's BAC for being charged with DUI (.08) or DWAI (.05). The limits are also lower for operators of commercial vehicles.

    There is no such level for determining being under the influence or intoxicated in a non-driving event. It's a subjective judgment call by the officer. However...those numbers are (or were) widely used by officers when collecting evidence to show someone was intoxicated or under the influence.

    And, yes, a person can be charged with DUI with a BAC under .08 in Colorado. I've personally charged a young girl with DUI (and won the case) when her BAC was under .02 (I don't recall specifically what it was).

    Bottom line...if you're intoxicated/under the influence (drugs or liquor) and in possession of a firearm (you can exercise immediate control of the firearm) you've committed the offense of Prohibited Use of a Weapon. Regardless of whether or not you are at home or anywhere else.

    If you happen to be home and have the misfortune of having to exercise your Make My Day rights, and you're under the influence of alcohol, it's possible your judgment and ability to act reasonably will be called into question. Even the Make My Day law requires a person to act reasonably. Alcohol affects the decision making process...so it could be an aggravating factor in formulating your defense.
    That sucks!!!

  3. #3
    High Power Shooter Wiggity's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    There are presumptive numerical limits to a person's BAC for being charged with DUI (.08) or DWAI (.05). The limits are also lower for operators of commercial vehicles.

    There is no such level for determining being under the influence or intoxicated in a non-driving event. It's a subjective judgment call by the officer. However...those numbers are (or were) widely used by officers when collecting evidence to show someone was intoxicated or under the influence.

    And, yes, a person can be charged with DUI with a BAC under .08 in Colorado. I've personally charged a young girl with DUI (and won the case) when her BAC was under .02 (I don't recall specifically what it was).

    Bottom line...if you're intoxicated/under the influence (drugs or liquor) and in possession of a firearm (you can exercise immediate control of the firearm) you've committed the offense of Prohibited Use of a Weapon. Regardless of whether or not you are at home or anywhere else.

    If you happen to be home and have the misfortune of having to exercise your Make My Day rights, and you're under the influence of alcohol, it's possible your judgment and ability to act reasonably will be called into question. Even the Make My Day law requires a person to act reasonably. Alcohol affects the decision making process...so it could be an aggravating factor in formulating your defense.

    That is like a single beer.....


    Why did you do that? Why make life that hard on someone over a single beer?

  4. #4
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by Wiggity View Post
    That is like a single beer.....


    Why did you do that? Why make life that hard on someone over a single beer?
    Because I saw a mother and her 4 year old daughter, who was unconscious from a head injury, flown away in a helicopter after the drunk 17 year old girl ran over them in a parking lot. The girl was laughing because she thought her dad was gonna "kill" her for putting a big dent in the hood and breaking the windshield of his car.

    Any more questions on why I was so hard on that poor little girl?
    Stella - my best girl ever.
    11/04/1994 - 12/23/2010



    Don't wanna get shot by the police?
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  5. #5
    Machine Gunner
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    A lot of accidents happen when someone only has one or two beers. Try looking into the eyes of a 4 year old girl knowing she is going to die, and you can't do anything about it, all because someone thought they were ok to drive after having a beer or two.

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    Quote Originally Posted by Bailey Guns View Post
    Because I saw a mother and her 4 year old daughter, who was unconscious from a head injury, flown away in a helicopter after the drunk 17 year old girl ran over them in a parking lot. The girl was laughing because she thought her dad was gonna "kill" her for putting a big dent in the hood and breaking the windshield of his car.

    Any more questions on why I was so hard on that poor little girl?
    And it's stories like these that remind me how difficult your job is, and that I could never do it.

  7. #7
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by XC700116 View Post
    And it's stories like these that remind me how difficult your job is, and that I could never do it.
    Just to be clear, I haven't been employed in that capacity for several years. The above incident occurred in 94 or 95.
    Stella - my best girl ever.
    11/04/1994 - 12/23/2010



    Don't wanna get shot by the police?
    "Stop Resisting Arrest!"


  8. #8
    High Power Shooter Wiggity's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    Because I saw a mother and her 4 year old daughter, who was unconscious from a head injury, flown away in a helicopter after the drunk 17 year old girl ran over them in a parking lot. The girl was laughing because she thought her dad was gonna "kill" her for putting a big dent in the hood and breaking the windshield of his car.

    Any more questions on why I was so hard on that poor little girl?

    Well now that you include the rest of the story, that makes more sense. Had a feeling you had left a little out for one reason or another. That is an awful situation.

  9. #9
    Master of the Metallic Element Tinelement's Avatar
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    This is another completely worthless thread.

    Seriously guys?

    If you're an adult and wanna have a few beers, have some. As everyone always says, "concealed is concealed". If, you wanna go out and get puking wasted, leave the gun at home. Don't take a brain surgeon to figure that out. If you get shithoused and draw and kill someone, deal the consequences.

    As Baily Guns pointed out, any LE will fuck you if they wanna be a prick.

    Use your own judgement.

  10. #10
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    Quote Originally Posted by Tinelement View Post
    This is another completely worthless thread.

    Seriously guys?

    If you're an adult and wanna have a few beers, have some. As everyone always says, "concealed is concealed". If, you wanna go out and get puking wasted, leave the gun at home. Don't take a brain surgeon to figure that out. If you get shithoused and draw and kill someone, deal the consequences.

    As Baily Guns pointed out, any LE will fuck you if they wanna be a prick.

    Use your own judgement.


    wait a second...

    you are talking about that one thing,

    you know, where you do something and you are like all grown up and making decisions...


    Hold on, I'll google it...



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