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BAC 0.08 is unconstitutional

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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?

via Fark.