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In this case, I think the offense was actually an illegal consumption, not DUI. I don't agree with laws that lower the DUI limit for underage drinkers, it makes no sense to me. Charge them with illegal consumption (and give the penalty some *real* teeth), but don't give them a DUI for blowing a .04, it's a crime they didn't commit.
In short, Temporary_User made a bad choice, that exposed him to getting screwed by an unjust law. I feel bad for him, but that's how life is, sometimes.
As an aside, while I have no sympathy for those who really *do* commit the crime of DUI, I wonder really how many deaths are caused by tired drivers, or drivers impaired by OTC or prescription meds. You hardly ever hear about these, because they are usually just called "accidents", whereas, a DUI is a crime. I think these cases are crimes, every bit as much as DUI.
I have driven when extremely tired before, and it's no fun. I felt my reaction time and judgement were impaired as much as if I had several drinks. There is quite a bit of scientific evidence behind this, as well. But, there is very little attention given this issue by media or government.
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