Maybe it is because of the holidays, but I am seeing an increase in clients charged with Driving with a Measurable Amount of Alcohol Laws. Basically, those laws state that anyone under age 21 who drives with a measurable amount of alcohol in their bloodstream (in my state .02 BAC) is charged with a DUI and subject to penalties.
To me, this law conflates and confuses two different public policies (also laws) and results in absurd consequences. First, we agree (for the purposes of argument) that people under age 21 may not consume alcohol. We further agree that persons who drive automobiles under the influence of alcohol should not be driving.
These laws seem to pound a round peg into a square hole. If you pull over a 20 year old with a .03 BAC, then you have an excellent case that he has consumed alcohol in violation of the underage drinking laws. However, he is not operating an automobile while impaired. So, I’m not sure why the vehicle part is relevant.
Why should a person who drinks underage and drives non-impaired be subject to enhanced penalties? What is the logical purpose of these laws?