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Another thing to keep in mind is in some states there are multiple DUI statutes. In Georgia you can be charged with DUI Per Se for being over 0.08% BAC but you can also be charged with DUI Less Safe, where even if you're under the BAC limit, you can be charged for being a less safe driver due to the effects of alcohol.



In Colorado there’s DWAI (driving while ability impaired) for 0.05, DUI for 0.08 and Aggravated DUI for 0.17.


For comparison, in Sweden the criminal limit is 0.02 and the more severe crime is 0.05

I prefer the 0.02 because it’s a de facto ban on drinking and driving while 0.05 or 0.08 means you can have a few drinks and then you should judge your own ability to drive (in the exact situation when you are worst at judging your own ability).


That sounds somewhat similar to Canada. In Canada, criminal code is solely within federal jurisdiction, but driving is within provincial jurisdiction. A BAC of 0.08 and higher is criminal DUI. But in many (most?) provinces, a BAC of 0.05 and higher can lead to fines, losing your license, etc. It is not a criminal offence, but it is still a civil infraction.


For what it’s worth, the US is not like Canada in this respect: each US state has its own criminal code.


MADD went too far.


Generally, states use BAC to prove impairment.

Often, if the BAC is above a threshold value (depends on the state), impairment is assumed. If BAC is below that threshold, the BAC is evidence of drinking, but not impairment. Then other evidence, like officer/witness testimony, crashing the car, speeding, etc., are brought in to prove impairment.




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