nwhitney
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0.08% is the legal limit in all if not most states. However you can be arrested for DUII and still be below 0.08%.
AMA w/ETOH On Board
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0.08% is the legal limit in all if not most states. However you can be arrested for DUII and still be below 0.08%.
Aidey
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It likely depends on the area, but here they can and will. And they won't be riding in the ambulance unless there is a clear need for them to.
That happens to be exactly what I said if you read my whole post.
HotelCo
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nwhitney
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Umm maybe I'm missing the part where you mentioned under 0.08% BAC.
Aidey
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I can attest that in at least one state there is a difference between DUI and DWI. Driving under the influence can be issued to anyone deemed to be impaired by anything - including things other than alcohol. Driving while intoxicated is specifically applied to cases in which the person is deemed to have a BAC over 0.08%.
I honestly didn't think that I needed to spell out that DUI applied to cases in which the BAC is under 0.08%. Especially since I specified that DWI is only applied to cases in which the BAC is over 0.08%.
nwhitney
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In one post you state DUI "is specifically applied to cases in which the person is deemed to have a BAC over 0.08%" and then in the second post you state the same thing for DWI. Can I assume the second post is correct?
I wasn't try to be a D :censored: CK I just wanted to add to you post that one can still be arrested for DUI/DWI with a BAC below 0.08%. From my time working in law enforcement the majority of people don't know that. I apologize if I came across as an ***, that was not my intent.
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mycrofft
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I had a tremenjous reply here, but I'll boil it down.
If the pt is a threat to self or others and is AMA, call LE. LE can declare them unfit, sort of like the implied consent of lost consciousness.
If LE says medical transport is neccesary for the pt or public safety and you refuse, you can be arrested or at least cited for endangerment, refusing to follow an officer's order, and maybe either obstructing justice or interfering with an officer. You may be right, but they can do that, and let the court settle it later.
Now, most of this will never happen if people just talk resonably, and sometimes give in to the inevitable if it will not cause harm; make the complaint later. Getting into an officer's face and telling them what they can't do on a scene or the street will almost guarantee you trouble.
As for a supervisor not letting you accept an AMA, now THAT could be false arrest or kidnapping, and who would be responsoble, the supervisor? No, the EMT doing the restraint.
Not rocket science. On the street, being smart or tricky will get you further than making threats you can't enforce or playing trump cards they won't recognize.
PS: blood alcohol is a law enforcement issue, not medical, unless you are officially collecting evidence. Then you get subpoenaed, etc. You want a good set of vitals, a good exam, and someone who will go willingly with you instead of the nice police officer.
If the pt is a threat to self or others and is AMA, call LE. LE can declare them unfit, sort of like the implied consent of lost consciousness.
If LE says medical transport is neccesary for the pt or public safety and you refuse, you can be arrested or at least cited for endangerment, refusing to follow an officer's order, and maybe either obstructing justice or interfering with an officer. You may be right, but they can do that, and let the court settle it later.
Now, most of this will never happen if people just talk resonably, and sometimes give in to the inevitable if it will not cause harm; make the complaint later. Getting into an officer's face and telling them what they can't do on a scene or the street will almost guarantee you trouble.
As for a supervisor not letting you accept an AMA, now THAT could be false arrest or kidnapping, and who would be responsoble, the supervisor? No, the EMT doing the restraint.
Not rocket science. On the street, being smart or tricky will get you further than making threats you can't enforce or playing trump cards they won't recognize.
PS: blood alcohol is a law enforcement issue, not medical, unless you are officially collecting evidence. Then you get subpoenaed, etc. You want a good set of vitals, a good exam, and someone who will go willingly with you instead of the nice police officer.
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mycrofft
Still crazy but elsewhere
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Here's the one I hated.
Onscene of apparently drunken driver-related accident (just drunk versus tree, non-diabetic admitted drinking), LE says "Tske him to Blahblah General". Pt agrees. About four miles later, drunk decides since LE is gone, he wants off the board and out.<_<
PS: "Drunk" might be diabetic with ketosis, or intox with chemicals besides ETOH. We never recorded "smells of alcohol", but would chart "alcohol-like odor" plus stuff like seat/stance/gait, speech, LOC.
Onscene of apparently drunken driver-related accident (just drunk versus tree, non-diabetic admitted drinking), LE says "Tske him to Blahblah General". Pt agrees. About four miles later, drunk decides since LE is gone, he wants off the board and out.<_<
PS: "Drunk" might be diabetic with ketosis, or intox with chemicals besides ETOH. We never recorded "smells of alcohol", but would chart "alcohol-like odor" plus stuff like seat/stance/gait, speech, LOC.