General Discussion
In reply to the discussion: To those trashing the Boss for his DUI he blew a .02 [View all]ChoppinBroccoli
(3,764 posts)Here are some of the basics of DUI law. Although the laws vary from State to State, most are pretty similar. When you get charged with DUI (or DWI, or OMVI, or whatever--all different names for the same thing), you actually get charged with TWO counts. The first count says that you drove a vehicle with a prohibited concentration of alcohol in your blood, breath, or urine (also known as the "per se" section). The second count (also known as the "impaired" section) says that regardless of your BAC (blood alcohol content), you were too impaired to drive.
The reason why they do this is in case you refuse to take a BAC test (you can't be found guilty of having a prohibited concentration of alcohol if there is no test to enter into evidence), or in case you test below the limit, they can still get a DUI conviction by arguing that you were still too impaired to be driving. Technically, you can be convicted of a DUI with a .01 BAC if you demonstrate that you were too impaired to drive. That's because of the "impaired" section.
In order to demonstrate impairment, they would need to introduce evidence of bad driving, failed field sobriety tests, odor of alcohol, and/or other physical signs of impairment (bloodshot eyes, slurred speech, etc.) All of these other "indicia of impairment" are highly subjective, based on highly questionable science, and can be shot down in court by a savvy defense attorney (which you know Bruce will have).
Without knowing anything more about the case than I do, I would guess that if anything happens to Bruce at all, it will be him pleading to a significantly reduced offense and that will be about it.