In California, it is illegal to operate a motor vehicle if your blood alcohol content is above .08%. However, you can still be taken into custody if you are showing signs of impairment even if you are under the legal limit. While these and other laws are designed to help keep yourself and others safe, some believe that it may be better to simply get rid of all existing drunk driving statutes.
Everyone reacts differently to alcohol
One of the primary arguments for getting rid of existing DUI laws is that a blanket rule doesn’t necessarily keep anyone safe. This is because someone with a high tolerance for beer or liquor may be able to remain in control while someone who has a low tolerance might be a crash risk after a single drink. Furthermore, the amount of food you eat prior to drinking, health issues and other factors may also determine how drinking actually impacts your ability to drive.
Reckless driving laws may be more appropriate
Abolishing existing drunk driving laws wouldn’t mean that you could drink and drive without consequences. Instead, those laws would be replaced with reckless driving laws that would cover a wider array of negligent behavior. Essentially, you would face the same penalties for driving under the influence as you would for driving while tired or distracted. It would also create a more uniform standard for determining if someone is not safe to drive.
If you are convicted of DUI, you may spend time in jail, pay a fine or face other penalties. You may also face sanctions for failing to adhere to state implied consent laws. However, a charge may be reduced or dismissed if you can cast sufficient doubt on the evidence used to justify taking you into custody.