Oh you can run it to a jury trial, the thing is [at least Ky] that the statutes have been fine tuned to the point of un-opposable legalise being the rule...
Stop off at a pizza joint on yer way home today and split a pie and a pitcher o beer with a friend...are you 'legal' when you leave ???
The first thing that the mandated 'alcohol classes' will focus on is that since you got a DUI you must be alcoholic...then focus on the fact that 'rational judgement' is the first section of the brain togo south upon intake of alcohol... next they tell you 'You shoulda known better' and gotten out a slide rule to determine your BAC before leaving the resturant...
Driving 'drunk' is dangerous...so is driving while p!ssed off, putting on make-up, talking [on a phone, two-way, or otherwise], eating [donuts included], having sex, reading, ... only one of those is illegal to the tune of thousands of $$$ and years of punishment...
Power and money is all there is to it...
LFOD...
Moot point, though. With gasoline appraoching $4.00 per gallon and diesel already there, not many of us will be driving anyway.
The folks that want us living in high-rise housing next to a light rail station are celebrating today, and that includes MADD.