In case of an at-fault accident that causes bodily harm, I'd be fine with lowering the .08 threshold to .06. My gripe is not with any DUI arising from an accident. My issue is with DUIs arising from harmless traffic violations (e.g., 5 mph over speed limit; right on red at light with no right on red sign & no traffic; failure to come to complete stop at intersection with 4-way stop signs & no traffic; etc...) occurring after 11 p.m.
How much someone had to eat or sleep could increase/decrease the affect of alcohol on one's faculties.
Again, at least some people convicted of a DUI are better/safer drivers at .08 than 50+% of sober drivers in Florida. I don't know what over-the-limit threshold I'd prescribe for victimless DUIs (i.e., DUIs with no property damage, injuries, or traffic violation which, by itself, would not give rise to a reckless driving charge). As soon as you've been charged with a DUI (which could happen with or without a bac measurement or multiple indicators), you're marked by cops everytime they run your license plate. That makes you a DUI suspect any time you're driving after 10 pm... even if charges were dropped. Not to mention the incentives for overzealous dui enforcement by police departments and cops.