OK, so someone lives a block away from their local bar. On the way from work, this person slams six beers in 15 minutes and gets in his car to go directly home. He is not drunk, as there is not enough time for enough alcohol to absorb in his system.
He should make it home in 30 seconds, but gets pulled over because a cop was staking the tavern out.
The driver refuses the field sobriety test (which is only an option) because of a handicap and is arrested for DUI. By the time he's down in the station giving a breath test, he is now drunk.
Are DUI laws really fair when you can get charged for DUI when you were not impaired while you were driving?
Please read the entire question, not just the title.