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Failing a breath test


djbarry

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On 12/28/2019 at 12:42 PM, richard_smith237 said:

 

Your 'friend' was over the legal limit when tested back at the station with an official device. 

He didn't help himself by getting into an argument when guilty of DUI.

 

There is official proof that your 'friend' was over limit. There is no proof contradicting this. 

 

What legal advise could you expect?

 

 

Anyone over the limit should have an automatic ban, and not just for a year, and banned for life the second time. It is other peoples lives we have to think about here.

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On 12/28/2019 at 12:46 PM, richard_smith237 said:

A friend recently after 3 large beers negotiated a 6000 baht on the spot 'fine' and was allowed to continue on his way. 

 

 

It is the 'allowed to continue on his way' part which really bothers me.... If you pay, you are allowed to drink drive, which is an atrociously careless response. 

 

 

 

A friend in the UK was driving at 6am, got stopped, breathalysed, over the limit. Breathalysed back at the station, over the limit - processed for DUI. Breathalysed an hour later, under the limit and allowed to drive away. He lost his license for a year (I can't remember what his monetary fine was). 

 

I wonder if anyone who drink drives in Thailand would even be concerned if they lost there license and wouldn't just continue to drive without their license, after all, they've already proven they have no regard for Thai law. 

 

 

 

 

 

or the safety of other road users and pedestrians.

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5 hours ago, Guderian said:

Avoiding drinking and driving is indeed good advice, but preaching at a few errant farang's on a board like this is pointless when millions of Thais are willing and happy to drink and drive as much as want.

Preach to them too. I give my Thai friends grief when they drink and drive - they ignore me, but it doesn't stop me letting them know I think their attitude sucks with regards to drink driving. 

 

We recently stopped a friends father in law from driving home. He usually drinks a couple of beers and drives home (after dinner), but this time it had been an all day affair, he was quite drunk, stumbling over, but adamant he was ok to drive. We managed to take the keys off him and refused to give them back.

 

That said, your point has some validity: OF course, we should socially judge and embarrass each other for anti-social behavior, if that means preaching to a few errant fangs on a board like this so be it, where your point is more accurate is that millions of Thais are willing and happy to drink and drive as much as they want - this needs immediate, serious and unwavering attention, yet all it receives is a timely media soundbite and very little in the way of adequate enforcement. 

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Back in the old days I used to have 2/3  small beers over an hour or so and then drive home( knowing I was under the limit) but now with the increasing pressure on the Police to convict DUI individuals it is not worth it. There is no formal process that I can see here, and also if they took a blood sample I can’t see them sharing it with you for independent analysis for your defence.

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On 12/28/2019 at 2:12 PM, MeePeeMai said:

I remember reading that the "fail" limit for someone driving on a "temporary" two year Thai driver license is much less (1/2) than for someone caught on a 5 year driver's license.  Maybe someone can post the actual limits as I cannot recall right now (see edit below). 

 

As a comparison, In the USA the legal limit (in most places) is now 0.08

 

Here it is:  For your information, the legal limit for blood alcohol content while driving with a full (5 year) Thai driving license in Thailand is 0.05 (50 milligrams). The legal limit while driving on a 1 to 2 year Thai driving license or international driving permit is 0.02 (20 milligrams). This legal limit equates to grams of alcohol per 100 ml of blood.

 

Source:  https://www.pattayaunlimited.com/drunk-driving-penalties/

 

Meaningless that is, people need it in terms of Leos

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The UK limit is 0.08 as are many US states, the average guy is quite capable of safe driving above the limit here of 0.05 and most probably even at 0.12. Stupid laws are often ignored.  Two bottles of average beer can put you over 0.05.

 

The sanctimonious on here should read this

https://www.ericpetersautos.com/2015/11/02/drinking-and-driving-vs-drunk-driving/

 

Edited by Mises
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17 hours ago, Mises said:

The UK limit is 0.08 as are many US states, the average guy is quite capable of safe driving above the limit here of 0.05 and most probably even at 0.12. Stupid laws are often ignored.  Two bottles of average beer can put you over 0.05.

 

The sanctimonious on here should read this

https://www.ericpetersautos.com/2015/11/02/drinking-and-driving-vs-drunk-driving/

 

 Alcohol removes inhibitions, resulting in more aggressive driving. It's a depressant for many, impairing their judgment and making them sleepy. It only takes a couple of beers to achieve that, depending on body weight, metabolism, and genetic inheritance. Anything over 0.05 increases reaction time on average by 0.2 seconds. It's not an on-off switch.

The three most common factors in traffic accidents are speed, alcohol and fatigue. Every experienced policeman, paramedic and coroner will tell you that.

I like a drink as well as the next person; however, I do have to call out complete BS.

 

Edited by Lacessit
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On 12/28/2019 at 12:50 PM, djbarry said:

My question is Do you have the right to refuse the breath test at the station and give blood as an alternative?

Thx.....

The simple answer is no.  If you refuse the breath test they will just charge you with failing to provide.

Blood test is normally only available if you have something like COPD and are unable to blow sufficiently to register on the machine.

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