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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.

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