Ray Hrdlicka – Host – Attorneys.Media
“It seems strange to me, because it’s 0.08 here in California. I heard rumblings, after even talking about lowering that.”
Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA
“We heard.”
Ray Hrdlicka – Host – Attorneys.Media
“And I believe Utah, is 0.05 also right now. But everybody’s body mass is different, and everybody’s metabolism is different. So how can you justify a global statement at 0.08? Now I’m not advocating driving drunk. I’m just saying that everybody’s different.”
Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA
“No, but it’s a great question. The problem is, because the States need this bright line rule about, at 0.08 you are impaired. Now there’s, like you said, a lot of factors that go into whether somebody is actually impaired. So, you’ve got someone, let’s just say, a chronic alcoholic, who weighs 350 pounds and has been drinking alcohol since he was sixteen. For he’s got what we call tolerance.
And all other drugs, this tolerance is a huge deal. In the sense that you need more and more and more, to actually feel the effects of these drugs, and in this case, alcohol. So, you don’t really have, a person who is a chronic alcoholic, is not really impaired at a 0.08. However, because California has made this bright line rule, just to simplify the prosecution of individuals. That…that’s why they’ve done it, it’s to simplify that prosecution.”
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