First off I am not saying that Lt. Lindsey should have been given a dwi, but you do not know what your talking about.
The law does not say you must have a .08 to be drunk. Reference NCGS 20-138.1 Impaired Driving
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90‑89, or its metabolites in his blood or urine.
Key word here is OR all the person has to do is be under the influence as determined by the arresting officer. Hence the fact you hear that following at DWI trials. It is my opinion that the defendant consumed a sufficient amount of an impairing substance so as to appreciably impair his/her mental and/or physical faculties.
More information about formatting options