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Elizabeth Henriquez

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2d ago

The legal standard of 0.08 as the presumption of impairment is based on scientific research that shows a significant increase in the risk of accidents and impaired driving abilities at this blood alcohol concentration level. It is not because everybody acts the same way under the influence of alcohol, but rather because it provides a clear threshold for determining impairment based on measurable levels of alcohol in the bloodstream.

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Corinne Broskette

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Q: The reason for the standard of 08 as the presumption of impairment is because everybody acts the same way under the influence of alcohol?
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Is the reason for the standard of 08 as the presumption of impairment is because everybody acts the same way under the influence of alcohol?

False


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The short answer is .08% blood alcohol or breath alcohol content. The more complicated answer is that impairment is the standard and if proven below .08 the legal limit does not apply. If you are above .05 but below .08 you have no presumption of impairment or sobriety. If you are below .05 you are presumed to not be impaired but the state can attempt to show otherwise (they typically will not go forward without positive drug tests below .05 but some over zealous prosecutors will go forward on impairment theory under .08 but above .05. At .15 the penalties are enhanced.


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