The NTSB recommends dropping that to a BAC level of .05.

[Ronin13]

Over in NY, where citizens have no rights at all, if someone had too much to drink and decides to sleep it off in the back of their car, with the keys in their pocket rather than the ignition, that is considered DWI. Being drunk in a vehicle with keys is all you need to be convicted. Engine can be cold and you could've been sleeping for hours . . . and if you don't unlock the door to get arrested, they can bust the window and unlock it for you. I've heard of dozens of cases like that. One was even a guy sleeping in a motor home.

Like Irving said, same here in CO, which I think is about the dumbest sh*t I've heard in relation to DUI law. Trying to be responsible and you can still get busted. What do they suggest as an alternative if you can't get a ride home? Bury your keys? Toss them off to the side of the road? Give me a break... I hope that a LEO that catches someone doing this would be a nice guy.

^^^^ What are you questioning with the WTF? ^^^^ The age, the gender, the amount, the time or the BrAC end result? It is about right, given my experience.

My wife and I decided to try a test a few years ago. I'm a gin drinker, she was a vodka drinker. She is 5'8", 140 lbs, I'm 6'0", 210 lbs. We both ate the same dinner before going out. We both ordered the same type of drink with the alcohol being the difference (gin and tonic; vodka and tonic). We both drank three drinks in a little over an hour. After waiting 20 minutes to get rid of the mouth alcohol, we both blew into a Portable Breath Tester (PBT). I blew a .044 BrAC and she blew a .09 BrAC. Size, gender, food consumption, do matter.

Not to mention metabolic rate, presence of diabetes or not, BFI... on and on it goes, there are a lot of factors that can determine how your body metabolizes and absorbs alcohol leading to your BAC... That's what I get for dating a nurse in my youth who studied very hard on this subject (she was also an alcohol counselor for people who got DUIs). It really is a science.