Actually, if you look around, pretty much every stste has a similar provision in their DUI laws.
.08 is merely the limit at which no other evidence is needed.
ETA: for commercial drivers, it’s .04, for those under the age of 21, it’s .01-zero tolerance.
Well OK, apparently Mithras wants to keep this GQ. Very well then, we’d best not talk about Colorado either:
CRS 42-4-1301 (6)(a) (paraphrased)
(i) less than .05 = not under the influence, not impaired
(ii) between .05 - .08 = “permissible inference” of impairment, and “competent evidence” of under the influence
(iii) greater than .08 = “competent evidence” of under the influence.
With commercial drivers, it’s my understanding from talking to truck drivers that it’s not just that it’s .04, it’s that they lose their license too, which then means they lose their job, and not just their job, but it’s not even like they can go work (legally anyways) for another truck driving outfit so they have to go find another line of work altogether. The truck drivers I know don’t mess around when it comes to drinking and driving, it’s just not worth the risk.
And just to clarify, it has nothing to do with drinking and driving on the job or in their truck, the can blow a .05 at 3 am on their own time and lose their CDL and next week they’re out looking for a job as a roofer or a handyman
Moderator Warning
matt357, insults are not permitted in General Questions. You also have been instructed to not keep bumping your own threads with non-factual information. This is an official warning. Do not do this again.
Since the factual aspects of this question have been answered, I’m closing this.
Colibri
General Questions Moderator
[Moderator Note]
Accusations of trolling are not permitted outside of the Pit. Given that this is a first offense and the accusation was not direct (as well as the fact that I think what the OP was doing was verging on trolling) I am making this a note instead of a warning, but don’t do this again.
Colibri
General Questions Moderator