--The law says .08 is drunk.
>>> The law does NOT say .08 is drunk. The law says if your BAC is .08 or above, you are presumed under the influence such that you are unable to properly operate a vehicle. <<<
Actually, it’s called (ironically) illegal per se law. The court claims because your BAC results were .08 or over, therefore you’re too drunk to drive – or “under the influence”. I guess I’m old school – it used to be called “drunk”.
Anything under .08 is considered a moment of true skill on the DA’s part. Prove the person was too impaired to drive. However anyone can be arrested for whatever number the officer thinks is good enough.
--There is no law that says it's illegal to drink and than drive.
>>> Actually, it pretty much does. It is illegal to drive a vehicle under the influence where your ability to drive is impaired. You don't have to be anywhere near drunk. The ability to drive is compared in the law to the driving characteristics of the mythical prudent sober person. <<<
Oh yes, the mythical prudent sober person, of course. Would that be the same characteristics between Budda and Zen? And can you ask that person to get on the road again with us all?
There are more impaired drivers than ever before and it has nothing to do with alcohol or drugs. Have you heard of road rage? 15 years ago it was unheard of. Today, it’s everywhere. I had a friend who was almost killed over road rage. Oh the guy was a “prudent sober person” yet he almost killed her. He wasn’t under the influence or impaired – he was just crazy. Aw, poor him. Maybe if he was presumed under the influence, someone would have given a crap. And the fact that he wasn’t convicted – or even arrested of anything and tossed in jail should make you want to question that. Unless, of course, alcohol is the only thing you have an issue with.
You’re correct; it’s illegal to drive under the influence – as long as the prosecution can prove it. Let's get that straight. Under .08 the prosecution doesn't have the luxury of per say law.
But it’s not illegal to drink and than drive. When people drink and wait to drive, an amazing thing happens, they’re not impaired. One drink - one and half hours – alcohol is gone. It is a proven scientific fact. The human body can metabolize alcohol (one drink) in 1.5 hours. Best bet is always wait two hours per drink to be safe.
And apparently there's a whole culture who’s not even satisfied with that. Go figure.