When people think of driving under the influence (DUI) charges, they often think of scenarios wherein motorists drive in a dangerous manner or cause crashes. Police officers may pull motorists over for displaying signs of intoxication while driving. Swerving, slowing and stopping without reason or otherwise behaving in an erratic and unsafe manner can lead to allegations of intoxication at the wheel.
What many people fail to understand is that visible intoxication isn’t technically necessary for the state to pursue DUI charges against a driver. Many people face per se DUI charges. The state does not have to prove that they drove poorly, only that they technically violated the DUI statute.
What evidence supports per se DUI charges?
Alcohol levels contribute to per se charges
State statutes impose restrictions on driving when a motorist knows they have had too much to drink. The law also prohibits driving with an elevated blood alcohol concentration (BAC). A high BAC is grounds for a per se DUI offense. A per se offense is a behavior that is a crime on its own merit regardless of other factors.
Getting behind the wheel of a motor vehicle with an elevated BAC is a crime regardless of whether the driver struggles to drive safely. For most adults who are old enough to legally drink, a BAC of 0.08% or higher may lead to DUI charges. If an adult motorist is in control of a commercial vehicle, such as a bus or a semi-truck, then the per se BAC limit that applies is 0.04%.
Underage motorists who are not old enough to legally drink are subject to the strictest limit of any licensed driver. Teenagers and 20-year-olds are at risk of prosecution if they have a BAC of 0.02% or higher.
There are defense strategies that people can use when facing per se DUI offenses, but proving a lack of impaired ability isn’t one of them. People may try to assert that the traffic stop was illegal or explain medical factors that may have created an untrustworthy alcohol test reading.
Motorists accused of per se DUI offenses often need help responding in an appropriate manner. Reviewing the state’s evidence with a skilled legal team and discussing why a driver may have failed the test can help with the development of a reasonable criminal defense strategy.