Alcohol & Drugs: MIP, MIC, Intoxication how do i plea unconstitutional?

[macdabby]

in CA there are the 2 separate laws - driving while influenced by alcohol and driving while over .08. i want to plea not guilty to both of them, and while i may be able to suppress the breathalyzer test, at what point can i say that the law itself is unconstitutional? i say its unconstitutional because it discriminates against those with a higher alcohol tolerance and says they are unsafe to drive because of their BAC when they may in fact be able to safely drive, especially when they are able to pass all of the field sobriety tests.

 

[jacksgal]

Good luck with that. It isnt likely to happen with all the anti drunk driving lobbist like MADD. It will also be costly. Wait for cdwjava he can best tell you this

 

[Sibee]

Well who is to determine if they can stand higher amounts of alcohol, beside alcohol tolerance is not a protected class. I could probably drive with full control of my car on the freeway well above 100 miles and hour... doesn't mean you should do it or that i should be allowed to. You can argue that you show no signs of alcohol in your system for over .08 but if you think your driving was so well in the first place -why where you pulled over and why did they think you where drunk when they pulled you over?

 

[lwpat]

The law is constitutional. You can discriminate as long as it is rationally related to a legitimate state interest. Keeping drunk people off the road is a legitimate state interest. You really need an attorney in order to keep you out of more trouble than you are already in.