I don't have much experience here, but I believe that if the passengers are under 21 and the officers have probable cause to believe that they were drinking, it's legal. That's assuming that the officer is looking to make an arrest for underage consumption
The responsibility for ensuring a person under the age of 15 wears their seatbelt falls on the driver of the vehicle. It is the driver's legal obligation to make sure all passengers, including children, are properly restrained according to the law.
That the individual being tested was FAR beyond the legal limit, which in most states would be a reading of .08. Most people are not able to survive once they have reached intoxication to the point of a BAC over 0.40.
These field sobriety tests are used to determine probable cause in a DUI arrest. After this, the officer may ask the driver to take a chemical test. This will consist of testing the driver's breath, blood, or urine to determine the blood alcohol content, or BAC. This is the ratio of blood to alcohol in the driver's system.In Georgia, it is illegal for a driver to operate a vehicle with a BAC of 0.08 percent or higher. If the driver's BAC is over this legal limit, he or she will be charged with "per se intoxication."Even if the driver's motor or mental skills do not appear impaired, the driver could still be considered "per se" intoxicated if the officer believes there is probable cause or suspicion that the driver is under the influence of alcohol and/or drugs. It doesn't matter that the driver passed the field sobriety test - if his or her BAC is above the legal limit he or she will be placed under arrest for drinking and driving.BASICALLY PER SE is simply having a blood alchol content over the state's legal limit, you don't have to exhibit signs of intoxication... the DUI is when you are impared and your driving shows it.
Indeed you can be convicted for DWI, regardless of whether or not a breathalyzer was used, if the Police officer that stopped you had reason to be suspicious of you being intoxicated while driving; ie: you were swerving or driving really slow, then proceeded to pull you over and could tell you were drunk by possibly your actions either verbal or non verbal they can bring up charges in the court of law and have a reasonable case against you. I wasn't there but if you actually were DWI it was probably pretty obvious to the officer so I would save your self some time and plead guilty. Good luck to you anyways. The above is the most ridiculous answer I've ever heard. ANY defense lawyer specializing in drunk driving cases would be able to get you off if there was no breathalyzer nor chemical test done to prove intoxication. Without these tests the definition of intoxication would be at the whim of the arresting officer. "He looked drunk to me."
I'll get my driver's license after I become a legal permanent resident.
It is in the UK ! ANYONE suspected of drink-driving - no matter what their age - can be breathalyzed and the results used in court ! In the United States, probable cause is required to give a breathalyzer test. Note that the standard for what is considered "probable cause" in the case of a vehicle driver is considerably lower than for their passengers (or for someone walking down the street). That is, the police have a much easier time meeting the minimum level of suspicion to require a breathalyzer for the driver than for their passenger. Also note that police are allowed to give a breathalyzer test to someone they suspect has consumed alcohol and appears to be under the legal drinking age, regardless of whether that person is driving or not. Also, be aware that riding a bike is considered operating a vehicle in most of the US.
The passengers can drink IF they are of legal age and the boat is in a wet county. There are no open container laws as in automobiles. The operator is under the same alcohol laws as an automobile driver. DO NOT OPERATE THE BOAT WHILE DRINKING!
A breathalyzer is important because that is how the police officer will test your Blood Alcohol Content (BAC) to see if you are over the legal limit for driving.
Each state has their own laws concerning open containers. In Calif.,,it is legal for passengers to drink while the motorhome in motion.
It depends on the jurisdiction; .05 to .08% are common lower limits.
In most states, it is legal for passengers to drink alcohol in the backseat of a car as long as the driver is not drinking. However, it is always best to check the specific laws in your state to be sure.
The machines are purged between each test. There is no cleaning necessary because the first step in the test is for the machine to confirm that no alcohol residue is present.
Yes, they do offer. The part where owner's legal liability is not charged where owner is not a driver, can be replaced with paid driver cover and un-named passengers cover as a matter of abundant caution if someone else should drive.
No. Passengers over the age of 16 who do not wear seatbelts in Nova Scotia are subject to a fine of $157.50. If the passenger is under 16, the driver is held responsible for the fine.
One third of the seating capacity of a bus is the legal limit allowed for standing passengers (applies to public transit only),
Not only is it legal for passengers on a boat to drink as much as they want, it is legal for the driver of the boat to drink as well. Yes, drunk driving laws do apply however, you can drink and drive a boat, there is no law against that......you just cannot be above the legal limit.
Insurance is issued on the vehicle, not the driver. If your child, properly licensed, is driving with you in the front passenger seat, the vehicle and its passengers are covered.