BAC 0.08 is unconstitutional
filbert Saturday, August 13 2005 @ 11:58 AM CDT Views: 958
So says a Virginia district court judge.
Virginia's law is unconstitutional because it presumes that an individual with a blood-alcohol content of 0.08 or higher is intoxicated, denying a defendant's right to a presumption of innocence, Judge Ian O'Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month.Gee. Presumption of innocence. Who'd a thunk it?