Interviewer: We spoke about this before. When you’re arrested for OVI you’re facing not only potentially your blood alcohol level being .08 or above, but also that your ability to drive is impaired itself.
Dale: Yes. This happens in the cases of the people driving under prescription drugs.
Dale: The officer can testify that he seemed lethargic, he was unable to answer my questions, he kept falling asleep. That might be sufficient to establish a case for driving while impaired.
Interviewer:: And for commercial drivers license holders the levels a lot lower its .04 BAC versus .08.
Dale: If you’re driving a commercial vehicle yes. Only if you’re driving a commercial vehicle.