BAC 0.08 is unconstitutional

So says a Virginia district court judge[*1] .

Virginia’s law is unconstitutional because it presumes that an individual with a blood-alcohol content of 0.08 or higher is intoxicated, denying a defendant’s right to a presumption of innocence, Judge Ian O’Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month.

Gee. Presumption of innocence. Who’d a thunk it?

via Fark[*2] .