WHAT “DRIVING WHILE BLOOD ALCOHOL IS 0.08% OR GREATER” MEANS:
Paul A. Lewis, Attorney at Law, www.lewisatlawesq.com. A person with a blood-alcohol level (BAC) of 0.08% or greater is presumed to be under the influence of alcohol. South Dakota has taken this one step further by flatly prohibiting anyone from driving with this much alcohol in their blood, whether or not driving is impaired.
To prove a person is guilty of the offense of driving with a BAC of 0.08%, the following elements must be proven:
The person drove a vehicle, and
Alcohol was present in the driver's blood at a concentration of 0.08% or greater while driving.
In South Dakota a jury will usually be given the choice of finding a defendant guilty of driving under the influence and/or driving with a BAC of 0.08% or greater. Even if the defendant and witnesses could convince a jury that the driver was doing an outstanding job such as driving in a manner as cautious and conservative a jury can still find the person guilty if it believes their blood alcohol level was 0.08% or more while driving.
Be Safe and Enjoy the Rally. . .
The information in this Blog is intended to convey general information about the practice of Paul A. Lewis, LEWIS at LAW, and the law. It is not intended to take the place of legal advice. Viewing this Blog does not create an attorney-client relationship. The information in this Blog does not replace obtaining individual legal advice from a licensed attorney. You are encouraged to seek the advice of an attorney if you have a legal problem.