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The 0.08 charge was added into the mix because of the appreciation of how difficult it is to prove that alcohol was affecting your ability to drive. The whole point of the 0.08 or more charge is to sever that link. They don’t want to prove the drinking and the driving are related. Now all they want to do is that you were driving and at or about the time you were driving, you were about this magic number. So, again, for commercial motor vehicles, the magic number is a 0.04; for passenger cars, a 0.08 or more. So the goal there is to prove, again – and people will fight about whether they were, in fact, the driver of the car, and there are all sorts of issues surrounding that, or whether there was driving going on at all. And then the second issue is the quality of the test itself. Can they prove not just that you were over a 0.08, but that the 0.08 or more is actually accurate? And those are the things the state has to prove up to prove up a 0.08 or more charge.
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Minnesota criminal defense attorney Jeffrey Sheridan discusses what the state must prove in order to demonstrate that a driver had a blood alcohol level greater than 0.08 (point 08).