On the Merits or Potential DUI Defense

Actually, when someone who has built up a tolerance (or dependence) for alcohol, that someone operates better (more efficiently, safely, etc.) when his or her alcohol level is within this tolerance (or dependence) range, and it is when his or her alcohol level is above this tolerance range, i.e. too much alcohol recently, or when his or her alcohol level is below this tolerance range, i.e. when no or not enough alcohol has been consumed, that he or she operates his motor vehicle less efficiently, safely, etc.

Applied to the operation of a motor vehicle, it is then possible that a person, who has a tolerance level at a blood alcohol level of .10, as measured by a breathalyzer machine, is driving his or her motor vehicle more safely at that level than when he or she has had no alcohol. Thus, due to the application of the arbitrary blood alcohol level, people could be arrested for DUI, say at a mandatory traffic stop for alcohol, when in fact, they are driving similarly to a person who has had no alcohol. Thus, the blood alcohol level is not a scientific standard of driving performance built upon the merits, especially in the case of alcohol tolerance (or dependence), and driving performance, rather than alcohol blood level, in this case, is more important for the safety and welfare of the rest of humanity.

It should not matter what causes unsafe driving, whether it is alcohol, drugs, cellphones, GPSs, razors, lipstick, cigarettes, sex, or whatever; it is unsafe driving that causes death, injury, and damage to others, and it is the objective unsafe driving that should be prevented, not solely a certain blood alcohol level. Alcohol tolerance (or dependence), once intervention is indicated, is more appropriately dealt with in the treatment context.

Beality