In Wyoming and other states, drivers can be arrested for driving under the influence even if their blood-alcohol level is below the legal limit, the Associated Press reported May 31.
State law allows other factors to be taken into consideration for drunken driving, such as a driver’s inability to walk a straight line, smelling like alcohol, or being unable to count backward.
Laramie County prosecutor Dennis Grant said the little-known part of the law allows law-enforcement authorities to arrest “barely drunk” drivers as long as there is evidence of impairment. However, the cases are more difficult to prosecute because the burden of proof is on the police.
“Each section of the field sobriety test is weighted differently,” said Wyoming State Trooper Duane Ellis. “I’ve seen 0.06, and quite frequently those drivers are all over the road.”