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Another thing to keep in mind is in some states there are multiple DUI statutes. In Georgia you can be charged with DUI Per Se for being over 0.08% BAC but you
by Mountain_Skies 7y ago
Another thing to keep in mind is in some states there are multiple DUI statutes. In Georgia you can be charged with DUI Per Se for being over 0.08% BAC but you can also be charged with DUI Less Safe, where even if you're under the BAC limit, you can be charged for being a less safe driver due to the effects of alcohol.
- leesalminen 7y agoIn Colorado there’s DWAI (driving while ability impaired) for 0.05, DUI for 0.08 and Aggravated DUI for 0.17.
- alkonaut 7y agoFor comparison, in Sweden the criminal limit is 0.02 and the more severe crime is 0.05 I prefer the 0.02 because it’s a de facto ban on drinking and driving while 0.05 or 0.08 means you can have a few drinks and then you should judge your own ability to drive (in the exact situation when you are worst at judging your own ability).
- smnrchrds 7y agoThat sounds somewhat similar to Canada. In Canada, criminal code is solely within federal jurisdiction, but driving is within provincial jurisdiction. A BAC of 0.08 and higher is criminal DUI. But in many (most?) provinces, a BAC of 0.05 and higher can lead to fines, losing your license, etc. It is not a criminal offence, but it is still a civil infraction.
- umanwizard 7y agoFor what it’s worth, the US is not like Canada in this respect: each US state has its own criminal code.
- t34543 7y agoMADD went too far.
- pnw_hazor 7y agoGenerally, states use BAC to prove impairment. Often, if the BAC is above a threshold value (depends on the state), impairment is assumed. If BAC is below that threshold, the BAC is evidence of drinking, but not impairment. Then other evidence, like officer/witness testimony, crashing the car, speeding, etc., are brought in to prove impairment.