In a recent study performed by David Strayer of the University of Utah drivers talking on their cellphones performed significantly worse than drivers with a blood alcohol concentration (BAC) of 0.08%, the legal limit in 47 out of 50 states
This study begs the question, if the purpose of traffic laws is to protect the citizenry using public roads, are current laws against drunk drivers discriminatory? A driver caught talking on their cellphone is typically required to pay a fine and continue on their way, whereas a person who has had as little as one drink can have their license revoked and even their car seized depending on the state in which the ofense takes place. Could a drunk driver successfully overturn a conviction because the laws are discriminatory against a person with a disability? IANAL, comments?