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Prohibition was the great golden effort to eradicate the immorality associated with drinking alcohol in its many forms. The movement was an utter failure as history shows, but modern drunk driving laws seek to pursue the same lessons in many ways. Drunk driving laws are discussed in such ways that the public is often misled. Are you for anyone going out, getting smashed and killing anyone in their car? Of course, not. Neither am I and neither is any politician. Under this simple guise, however, laws are passed that are simply so vicious that they act as an effective form of prohibition on alcohol consumption. What is the magic number in drunk driving cases? Everyone knows it. The magic number is a .08 blood alcohol content level. If you are found to have a “BAC” over this level, you are considered a drunk driver and in a lot of trouble. The truth, of course, is .08 is a fairly low level which equates to three or four drinks depending on what you are having. There are many people that can consume this and not be impaired at all. Still, a level must be set so let’s just say submit that .08 is a good level. You go to a wine party and you have two glasses of wine and some appetizers. You drive home with your wife after the party and are pulled over. The breathalyzer shows you have a blood alcohol content level of .04. You’re home free, right? Well, the officer doesn’t agree. He or she takes a look at you and says you are impaired. Off to jail you go. How can this be considering you blew .04? In most states, the police officers can charge you with driving while impaired. This simply means that in the subjective opinion of the police officer, you had consumed enough alcohol that your driving was impaired. The testimony of the officer combined with the fact you had some alcohol in your system is enough to convict you. This situation arises all the time across the country. It usually leads to a serious court battle. Sometimes the driver wins. Sometimes the driver loses. Even when he or she wins, they end up paying huge attorney fees and emotional costs. It is an empty and hollow win to say the least. This driving while impaired standard is effectively a form of prohibition. While we all agree people that are drunk should not drive, a person who has had one or two glasses of wine in an evening shouldn’t be included in this punitive movement across this country of ours. Thomas Ajava writes for DUIDefenseLawyerFortMyers.com - your online resource for locating a DUI defense lawyer in Fort Myers that will fight as though they were the ones on trial.
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DUI, drunk driving, BAC, blood alcohol content, dwi, driving, while, impaired, officer, subjective,
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