Dui Pennsylvania
Discernable impairment need not be BAC dependent. Different people experience different levels of impairment at the same BAC levels.
If a person's driving indicates impairment (e.g., erratic maneuvers of speeds, or running into fixed objects) and they have alcohol in their systems, they should be a candidate for a DUI citation.
If a single standard BAC is to be established as the automatic threshold for a DUI citation, it should be high enough to reflect discernable impairment among the general population.
An appropriate and enforceable BAC of .12% would represent a reasonable standard.
Please note that we are not saying a .12% BAC is necessary for a DUI conviction. Rather, that for an automatic DUI conviction that does not involve or require discernable impairment the BAC must be at least .12%.
Given that the average DUI arrest involves a BAC of .15% to .17% (regardless of the legal BAC), a .12% BAC remains well below the typical level for DUI arrests. It is also a level of intoxication that most persons will recognize as representing a degree of impairment.
Dui Pennsylvania
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