The way this charge will go down, unlike DWI, is that there is no requirement or procedure for breath or blood draw. That leaves it up to officer digression.race4beer wrote: I don't disagree with your information, but the way the law reads to me is either you're .08 or higher, OR not having normal use of mental or physical faculties. The latter is subjective and can be determined even if you are under a .08.
It'll be a charge like "public intoxication" - which can be used with great latitude. The burden of proof will then be on the person charged, as the LEO is an "expert" witness trained in recognizing impairment with no substantial motivation to lie.