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Friday, August 12, 2005

DUI Unconstitutional? 

(via Fark)
A Virginia judge, in an apparent attempt to prove both that Virginia isn't all bad and that Virginians are idiots, has ruled that the state's DUI laws are unconstitutional because they consider anyone with a blood alcohol of 0.08% drunk, outside of presumption of innocence.

Now, I'm not a big fan of the way our DUI laws work, but I know that I'm an idealist and that having officers meaningfully (not to mention fairly and without bias) assess drivers' sobriety is not a realistic expectation, so I let that slide. While the judge is correct that not everyone who has BAC of .08% is necessarily drunk, he seems to be missing the point that almost anyone with a BAC of .08% who is not drunk is a flaming alcoholic, and probably shouldn't be driving.

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