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The confusing thing is usually that we tend to equate .08 (eight hundredths)as representing 8 percent. Except in this case, we are talking eight hundredths of a percent - a much less amount. That's BAC (blood alcohol content). At a BAC of .08, your blood is .08 percent alcohol. Doesn't sound like much, but at that level a person is usually impaired in reaction time, motor skills, judgment, etc.).
The law for DUI in most states reflects the federal standard for impaired driving (to receive federal highway funds, states also have to meet federal speed laws on the interstates). That federal standard is .08 percent BAC. That's less than a tenth of a percent. Now, the .08 standard in the law generally means that if a person blows .08, they are presumptively impaired and driving under the influence. To convict, that would be all the prosecution would have to establish...that the person blew a .08 percent BAC or greater. However, it is a rebuttable presumption. In other words, the defense lawyer might be able to show that the machine wasn't calibrated correctly, or something like that. That being said, a person can also be impaired with a BAC of less than .08 percent. It is just usually a little harder for the prosecution to prove impairment, and they will rely on field sobriety tests, video cams, etc.
In most jurisdictions, for first time DUI offenders, there is a program called "diversion" where they plead guilty but the a judgment of conviction isn't entered at that time. They are "diverted" into an educational treatment program (or rehab if they have previously had an arrest for DUI but, say, that was 20 years ago. Those programs last from 12 weeks to 6 months, and are generally outpatient; after which the person has to have no alcohol offenses for 12 months and can have NO alcohol and drive). After that year, if they have successfully completed their diversion program and period, the case is dismissed and their prior guilty plea is of no effect. If they fail to complete diversion successfully, the guilty plea is entered and they have a DUI conviction.
For young adults the presumptive impairment level is often less than .08 percent BAC, in your example, it is .02 percent. That means to prove presumptive impairment the DA only has to have a breathalyzer result of .02 percent or higher. Society has less tolerance for teenagers who drink, as they have less judgment to impair to begin with, I suppose. In Oregon, a teenager can get a drivers license at 16, but the alcohol limit is zero. If they blow even a .01, they are presumptively impaired. Don't know if this helps any. Hope so. Blessings.
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