[Edge34]

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One question: we know of officers pulling people over, determining they're intoxicated even though they tested less than .08, yet booking them still. Has anyone heard of a case of an officer breathalysing someone at greaten than .08 yet letting them go because they seemed alert, and capable of operating heavy machinery? Seems to me discretion should go both ways hmmm?

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A friend of mine was let go AT .08 once. That's all I know. The issue is that the gray area is the "below .08 but still impaired" crowd probably more than the "above .08 and borderline" crowd. I would also assume that lots of the people above .08 that are OK tend to get pulled over less, barring "DUI checkpoints" and the like. A cop has to have a reason to pull you over, which is why I drive like a grandma when I'm out at bar close.