Quote:
Originally Posted by Two Fivenagame
.05? What the hell is that? A tablespoon of cough syrup?
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For the average guy it's probably a beer, depends on how long between that and driving. Really, if you want to have a drink or two with a normally paced dinner, you'd probably be okay, not so if more. I am all for the idea of having a reliable breathalyzer in every car - no guesswork.
I haven't seen the draft legislation. However, you can be cited for impaired driving with zero alcohol in your system - i.e. if you're taking medication which impairs your driving ability. There is already an avenue for the police to use discretion in removing people from the road who aren't in a condition to be on it, and I'm okay with that. As a result, this concept seems unnecessary.
What they ought to do is decide whether the legal limit should be .08 or .05. I am fine with either. Hell, I'd be okay with a trace limit (i.e. if you're over by more than the margin of error on the device). But whatever the rules are, they need to be made clear and straightforward. Saying "the legal limit is .08 but .05 is still punishable in the following ways" is not clear.
Also, something like this without a right to appeal or judicial oversight of any kind strikes me as unconstitutional, there must be some avenue in there or this is all a waste of time. Can't imagine something like that holding up at first instance once challenged.