Should Carbon Monoxide Poisoning Be Considered DWI?

[tailfins]

The law doesn't specify voluntary or involuntary intoxication. Legalized drugs has given rise to DWI arrests for some who have passed a breathalyzer test. I saw a video from someone arrested then released after passing intoxication tests. The cop did the arrest because the driver appeared intoxicated. The first thing that came to my mind was that there could have been an exhaust leak causing carbon monoxide poisoning. If someone doesn't maintain their vehicle, resulting in carbon monoxide poisoning, is there grounds for being charged with Driving While Intoxicated? Is it worthwhile to keep an active carbon monoxide alarm in your glove box?


https://www.youtube.com/watch?v=mFuVdlKD00s&ab_channel=AudittheAudit

[Gunny]

In a Nation of lawsuits, it's what can you prove? Is there a test for carbon monoxide poisoning? Besides autopsy?

Last I heard, here in TX, if you are suspected of DWI and refuse to take a blood test, you are presumed guilty and lose your driving privileges and license and are treated and run through the State DWI money-making machine.

[fj1200]

The law doesn't specify voluntary or involuntary intoxication. Legalized drugs has given rise to DWI arrests for some who have passed a breathalyzer test. I saw a video from someone arrested then released after passing intoxication tests. The cop did the arrest because the driver appeared intoxicated. The first thing that came to my mind was that there could have been an exhaust leak causing carbon monoxide poisoning. If someone doesn't maintain their vehicle, resulting in carbon monoxide poisoning, is there grounds for being charged with Driving While Intoxicated? Is it worthwhile to keep an active carbon monoxide alarm in your glove box?


https://www.youtube.com/watch?v=mFuVdlKD00s&ab_channel=AudittheAudit

The title of the video says "DUI." Under the influence of alcohol or drugs. The false arrest doesn't seem so false unless there's an element of intent which I don't think is valid because you can be under the influence of prescription drugs where you shouldn't be driving. I have no idea why one would want to be under the influence of carbon monoxide but kids are stupid these days.

[Gunny]

The title of the video says "DUI." Under the influence of alcohol or drugs. The false arrest doesn't seem so false unless there's an element of intent which I don't think is valid because you can be under the influence of prescription drugs where you shouldn't be driving. I have no idea why one would want to be under the influence of carbon monoxide but kids are stupid these days.

He made a valid point. Especially in the days of yore, an exhaust leak could easily enter the cab of the vehicle. Especially at idle. There were documented cases of carbon monoxide poisoning from such.

Nowadays? I'm skeptical. Isn't it a heinous offense anymore to have an exhaust leak? My default is knucklehead thinking he's coming up with a "unique" defense.

I got stuck on jury duty that caught a DWI case. The guy refused to take the blood test. The defense and prosecution of course are polling us (they pick like 30 to get 12 for the jury). They get to me. I'm half-asleep totally not paying attention:laugh2:

I get some dumbass question based on whatever this guy's story was and I asked back: Did he refuse to take the blood test? See previous post for consequences. So what does his song and dance matter?

Another successful "not chosen" to sit on the jury :)

[fj1200]

He made a valid point. Especially in the days of yore, an exhaust leak could easily enter the cab of the vehicle. Especially at idle. There were documented cases of carbon monoxide poisoning from such.

Possible. But no one was falsely arrested it would seem.

[tailfins]

The title of the video says "DUI." Under the influence of alcohol or drugs. The false arrest doesn't seem so false unless there's an element of intent which I don't think is valid because you can be under the influence of prescription drugs where you shouldn't be driving. I have no idea why one would want to be under the influence of carbon monoxide but kids are stupid these days.

Should failure to maintain your vehicle be considered an operation violation? Driving with carbon monoxide poisoning is as dangerous as driving drunk. I'm pointing out that the cop should have tested for that. Chiefly CO poisoning occurs when people wait until they can afford it to get it repaired. Modern vehicles are still a risk if the leak occurs before the catalytic converter. This is more of a danger these last couple of years because more people are driving wrecked cars because of inflation.

[tailfins]

In a Nation of lawsuits, it's what can you prove? Is there a test for carbon monoxide poisoning? Besides autopsy?

Last I heard, here in TX, if you are suspected of DWI and refuse to take a blood test, you are presumed guilty and lose your driving privileges and license and are treated and run through the State DWI money-making machine.

It's a simple test: Just toss a battery powered CO detector in the passenger compartment. I keep one in my glove box with an alarm since I drive a highly modified vehicle.

[fj1200]

Should failure to maintain your vehicle be considered an operation violation? Driving with carbon monoxide poisoning is as dangerous as driving drunk. I'm pointing out that the cop should have tested for that. Chiefly CO poisoning occurs when people wait until they can afford it to get it repaired. Modern vehicles are still a risk if the leak occurs before the catalytic converter. This is more of a danger these last couple of years because more people are driving wrecked cars because of inflation.

How many alleged DUCO violations do you think there are? I'm only saying that he was driving under the influence and thus not falsely arrested. "I have a crappy car and thank you for saving my life" as a jury nullification defense doesn't seem to far fetched or not worth prosecuting as a DA. I'm not seeing this as a critical law enforcement issue that needs additional legislation. Having a crappy car and have a CO detector may not be a bad idea on a personal level. If this were an actual problem however I think we'd see the left as having been calling for CO detector mandates by now.

Oops, I just spoke it into existence. :eek: