First of all, Dave, have you read the law and can you cite the part that deals with DUI?
Believe it or not the prosicutor is not making it up as he goes along. We don't have to guess at what the legeslature intends as all laws have a section where words are defined.
A vehicle is any self-propeled device that carries people or property. With the explicite exception of wheelchairs motorized or not.
A driver is the natural person in acutal control of a vehicle.
You may quibble over whether one driver can have good enough recation at a BAC of .08 as opposed to .10 or .20. But the law is explicit that .08 is the limit for an adult 21 or older in control of a POV, .04 for CDL holders while driving a commercial vehicle, and .02 for school bus drivers (while driving a school bus) and those under 21.
These two women admitted to taking turns behind the wheel. Both were in actual control of the vehicle at differening times. They both had a BAC greater than .08.
As to them doing their civic duty by pushing their disabled vehicle off the road way, they were driving it up until it quit on them.
As to people who DRIVE to a bar and get drunk, too bad. How the hell did they think they were gonna get home? Fly away on pixie wings? Well, how about a designated driver, or calling a cab. Anything but get in the car and drive. When I go out with friends and family, I either plan alternate transportation or I don't drink. It's as simple as that.
Doug
