DC’s public intoxication statute doesn’t set hard blood alcohol content (BAC) numbers the way driving under the influence laws do – in fact DC ST § 24-601* opens with a statement that the law is about minimizing harm.
In order to accomplish this purpose and alleviate intoxication and chronic alcoholism, all public officials in the District of Columbia shall take cognizance of the fact that public intoxication shall be handled as a public health problem rather than as a criminal offense, and that a chronic alcoholic is a sick person who needs, is entitled to, and shall be provided appropriate medical, psychiatric, institutional, advisory, and rehabilitative treatment services of the highest caliber for his illness.
This matters because we’re seeing a video blaze around the Internet today of a police encounter with a man in a motorized wheelchair-type device (often called by a trade name, Rascal). I’d be somewhat surprised if you haven’t seen it already, but it’s at the top of this article. We’re also seeing some poorly chosen words in describing the incident.
I don’t mean talking about the use of force. The question of how this really played out is now certain to become a subject of interest and we can be sure that review boards will be involved. I’d contend that’s how it should be in any case where the amount of violence used by law enforcement seems at all excessive.
The problem I’m talking about is that we’re seeing a description of how inebriated the man was by talking about “the legal limit.” but there’s the thing: In a case like this there is no legal limit.

















