This is exactly correct. The .08 mark is just a given standard and blowing it really makes your case easy to prosecute. This is why lawyers will always advise that you "don't blow" when stopped. If you blow and register that mark, you're going for a ride and you won't be able to win in court. Other than that, if the officer thinks that you are "off" for any reason, he can hook you up and you're in for a very long day.The Annoyed Man wrote: You can have zero impairment. Impairment is a subjective standard, and it is the officer's prerogative to decide if impairment exists. You might have one beer on board, consumed an hour earlier over dinner, and not be impaired. But if you get pulled over and an officer smells that beer on your breath, and he judges that you're impaired, then you're in trouble. If he judges that you're not impaired, then you're not in trouble.
That's my understanding of the law.
The Penal Code defines "Intoxicated as not having normal use of mental or physical faculties by reason of ...(drugs listed) .... OR ANY OTHER SUBSTANCE INTO THE BODY; or .08 concentration……. Basically, if anything, legal or not, is in your body and it affects the user, it's covered. There are a lot of over the counter cold remedies that can cause drowsiness. They can land you in the soup.
I think the "Zero Tolerance" may be a good idea as a personal credo, especially if that person likes to imbibe. It was mine for many years and it's still a rare time that I break it and then I limit myself to one beer with a meal.
PREACHING MOMENT NOW: Carrying a pistol requires a change in thinking, a change in dress, and it should also require a change in actions and habits. If you are in the habit of hoisting a few and now you’re carrying, something needs to change. OK, not preaching.
But, if you do find yourself with buds and have a few buds, putting the pistol in a locked case, whether you have the combination or not, is all you really have to do. However, please get someone else to drive.