PVK is right. You can be driving under the influence with a .06 BAC. Journalists must get this straight.
The .08 "limit" is nothing more than the level at which intoxication is legally presumed. A cop does not have to provide any evidence other than the lawfully-obtained .08 reading to establish the legal presumption of drunken driving. This presumption can be rebutted (faulty equipment, etc.)
It is just flat incorrect to say there is a .08 legal limit for BAC.
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