North Carolina law for years has recognized .08 blood alcohol content as evidence of driving while impaired. But as a Charlotte Observer investigation in 2004 revealed, judges were acquitting more than one-third of the DWI defendants who went to trial after registering blood alcohol levels above the legal limit. That’s one reason former Chief Justice Bev Lake wrote a memo directing district court judges not to make the state’s burden of proof for DWI convictions

Source : nl.newsbank.com

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