Re: beer in the shop?

Actually, the .08 limit is only one test for impairment. If you are seen driving erratically, fail a field sobriety test and damage or injure another, you are just as likely to be convicted of a DUI as someone who merely tests over the .08 limit. In my youth, I pushed the limit at times, perhaps even exceeded it a few times. Fortunately, nothing bad happened, and I got smarter with age.

Good Luck (If you drink and drive, you'll need it).

Cheers, Eric

Yes, the point that is often missed is that the 0.08 limit is not a threshold separating "drunk" from "not drunk", it's a prosecutorial tool separating "oipen and shut case" from "more difficult to prosecute". When a driver's BAC measures 0.08 or higher, that is by law prima facie *proof* of driving while intoxicated, and no other evidence needs to be introduced in court to obtain a conviction for DWI. Drivers can be convicted of DWI at lower BAC, but other evidence of impairment must be presented, such as erratic driving, or failing a field sobriety test (as you mentioned).

-- Regards, Doug Miller (alphageek-at-milmac-dot-com)

Save the baby humans - stop partial-birth abortion NOW

"...0.08 or higher, that is by law prima facie *proof* of driving while intoxicated..."

Sorry to have to correct you, Doug, but in the states where .08 (or some other number) have been enacted, that number is prima facie "evidence" of "impairment" not "proof as you say. Prima facie evidence means, that unless there is evidence to the contrary, the .08 creates a rebuttable presumption of guilt. It does not preclude the introduction of other evidence of sobriety. Otherwise, one charged with DWI with a .08 or higher, would never elect to defend the charges and would certainly never be found "not guilty". Some of those cases ARE tried, and some ARE found not guilty.

Jay in NH (former DWI defense counse!)

Or a more realistic understanding of the dangers involved (see my other reply that begins "Oh, nonsense."

Demonstrating what? You're afraid of a little water getting on your tools? Seems a little over-zealous to me.

Thanks for the correction.

My point remains, though: 0.08 is a line separating "easy to prosecute for DWI" from "not so easy to prosecute", not a line separating "drunk" from "sober" as many people seem to think it is.

-- Regards, Doug Miller (alphageek-at-milmac-dot-com)

Save the baby humans - stop partial-birth abortion NOW