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Old 07-29-2009, 01:35 AM   #5
LS1nterceptor
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Join Date: Sep 2008
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DUI applies only to people under the legal drinking age of 21. The only requirement for a 16-20 year old to receive a DUI is that you have any detectable amount of alcohol on you and you are operating a motor vehicle. It does not matter how small of an amount it is. You do not have to be 0.08 or even a 0.01, you just have to have alcohol in your system while driving and it's automatically a DUI. An adult (when referring to drinking age,21) can not be charged with DUI. With a 21 year old you have to have intoxication, not merely alcohol in the system.

Minors can get charged with DWI if the officer wants and can prove intoxication beyond the mere presence of alcohol in the system. Most officers choose to go with DUI because the burden of proof is virtually nothing where as a DWI requires that you prove the person is intoxicated. And if an officer charges a minor with DUI the DA's Office can reduce the charge to DUI if they don't feel they can meet the burden of proof in court.

DWI means you either have lost control of your mental and physical faculties and can not safely operate a motor vehicle, or you are 0.08 or higher. You can be a DWI if you are 0.02 if you are a lightweight and can't safely operate a vehicle at that level. People fail field sobriety testing all the time who are under 0.08.
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