In Oregon, and in most states, driving with a blood-alcohol level of .08% or higher is driving under the influence of intoxicants, or DUII. The .08% is defined, semiofficially, by federal law, and it represents a balance between increasing public safety (a low number would capture more drivers) and individual autonomy (if the number is too low, no one could have a few drinks at dinner and still drive home). It’s probably necessary to have a single figure for everyone, but in fact the .08 figure is too high for people who don’t drink much, and too low for people who drink a lot. I’ve had DUII clients who could function with BAC levels higher than .40%; at that level, I’d be dead.
This doesn’t make a difference very often; my .40% client might not be observably intoxicated at .08%, but would still be guilty because that’s the way the law is written. But it means that if my client had a BAC far above the legal limit, then the client is surely a heavy drinker. Senator Michael Crapo of Idaho had a .14 BAC when he was recently arrested for DUII.
It’s hardly a shock for a senator to have a drinking problem or a high alcohol tolerance, but Senator Crapo’s use of alcohol violates the tenets of his Mormon faith. Sen. Crapo said in a press conference that he had started drinking about a year before his arrest and that he drinks a few nights a week. I don’t buy it. I drink alcohol a few nights a week, and I have for twenty years. I doubt I could walk with a BAC of .14, and I don’t believe that the senator is being forthcoming about his drinking habits.
I suppose that I can hope that, after his own brush with the criminal justice system, he’ll be a voice for moderation in the Republican party, but until that happens, he just looks like another hypocritical politician.
