Originally Posted by
KD5NRH
This is why I support levels based on degree of intoxication. The guy who has, literally, one too many and blows a .09 after getting stopped for 5 over is likely not a hardcore alcoholic who will plow through a school crosswalk next week with a .25BAC. Let him have a fine and some community service, but the guy who blows a .18 should get jail time and a multi-year license revocation, even if it's a first offence. Definitely no hardship license exceptions on second and subsequent offences, either.
This is largely the way it does work in many states. In NH, if you're more than double the legal limit, it's considered an aggravated charge and the penalties are harsher.