Interesting DUI /OWI question

[mrelusive]

Short version: Drunk Friend (DF) had way too much to drink friday night. So he has Responsible Friend (RF) who just had two strong beers about 45 minutes ago drive him the two miles home in DF's car. Car gets pulled over for a busted tail light, cop thinks he smells alcohol. RF blows over the legal limit and spends the night in jail, DF gets a ticket for allowing someone to operate their vehicle while under the influence. Court date is sometime next week.

Both these guys are coming to the same memorial day shindig that i'm also going to tomorrow night. It's on my way, so i offered to pick them both up (even though they can both still legally drive) in case they still wanted to have a social beer or two. RF is worried that he's not supposed to drink at all until after his court date. DF doesn't care (and he's an asshole) but he's supposed to be doing most of the grilling tomorrow so i'd like him there.

Is RF right? I have no experiences with DUI, but i thought that the drinking ban only applied to people on probation. I mean, public drunkenness and all that i understand... but drinking in a safe environment and not operating a motor vehicle while doing so? I don't think the law forbids it. I mean, if he can still legally drive until they tell him not to, can't he still legally drink? Should i have called him Paranoid Friend (PF)?

[mrelusive]

His exact wording was "What if they ask me in court if i've had any alcohol since then? YOU CAN'T LIE IN COURT!!"

Don't think they ask that at the arraignment, but...

[ovid9]

I don't know MI's drinking laws so I can't speak to the legality of it (though, since drinking in and of itself is not illegal and he hasn't been convicted yet I don't know how it could be a problem for him) but I don't blame him for being paranoid about drinking. If he doesn't wanna drink I certainly wouldn't pressure him to.

I'm pretty sure this is why you should always refuse a breathalyzer unless you haven't had a drop.

It also fits the mold of "No good deed goes unpunished."

Assuming there is no more to the story, mojo to RF.

[ComOp]

Erm, if "RF" blew over the legal limit he was the other "DF".

[Crunchtime]

Are you actually DF yourself? It's alright, we won't judge you.

[mrelusive]

Are you actually DF yourself? It's alright, we won't judge you.

surprisingly, no!

[facefirst]

In OH you're fine until after your court date. During the probation period you're not supposed to drink at all and they can test you any time. Friend of mine got a DUI a while back and that's how it was.

[Dickarms]

a) he can drink all he fucking wants before his court date. no consequences whatsoever.

b) "RF" wasnt that "R". even if you have "two strong beers", if you are over-- you're over.