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Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?

Respuesta :

Esther is intoxicated so she pulled over the yellow line with her automobile.

She is arrested by officer when her sobriety test bows at .16 She was alcoholic so she does not have a valid defense although she decides to fight against her charges.

Esther does not have a valid defense to DWI charge because laws which regulate economic, social issues are presumed valid, and court will apply minimum scrutiny in evaluating whether such laws discriminate against people.

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