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Answer :
Final answer:
Driver A can be convicted of DUI if they exceed the BAC legal limit while driving, though certain legal defenses can apply depending on the circumstances of the case.
Explanation:
Driver A can be convicted of DUI if it is established that they were operating a vehicle with a blood alcohol concentration (BAC) above the legal limit. In New York State, for instance, a BAC of .08 or higher constitutes Driving While Intoxicated (DWI) for non-commercial drivers. Cases such as Bullock v. State demonstrate that a defendant can be convicted of manslaughter due to a fatal collision while under the influence, even if the victim was in the intersection unlawfully. Laws and policies that deal with DUI cases must, however, respect constitutional rights, which has led courts to question policies like Judge Zito's which suspended licenses before conviction. Additionally, defenses such as duress or necessity may be considered in a DUI case, but typically are only successful if they meet specific legal requirements.
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