Some people get arrested for drunk driving because they cause crashes. They lose control of their vehicles and cause a wreck because they have had too much to drink. Other people may end up arrested for a driving under the influence (DUI) offense because they displayed poor control of a vehicle in traffic.
Police officers can pull people over when they suspect intoxication, and they may arrest those who fail the tests they administer. Some people don’t have difficulty driving and don’t cause crashes. However, they still end up arrested and accused of a DUI offense. State prosecutors may assert that they committed a per se DUI infraction because of chemical test results. What does that mean?
The driver was over the legal limit
State statutes make it a crime to drive with impaired ability. It is also a crime to get behind the wheel of a car with an elevated blood alcohol concentration (BAC). The state does not have to prove impaired driving ability if there are chemical tests showing that the driver was over the legal limit.
That evidence alone can be justification for a DUI charge. Under current state statutes, most drivers are subject to a 0.08% BAC limit. Anyone over that limit is at risk of arrest and prosecution. Even those who drive in a normal manner with an elevated BAC can face charges, as exceeding the BAC limit is a crime in and of itself.
Some drivers are subject to stricter standards. Professionals operating commercial vehicles like semi-trucks or buses can face DUI charges if they have a BAC of 0.04% or higher. The zero-tolerance rules for underage drivers put them at risk of DUI charges with a BAC of 0.02%.
Those facing accusations of a technical or per se DUI offense may have several viable defense options available to them. Lawyers can question the legality of a traffic stop in some cases. Other times, they can provide medical evidence or police records that can undermine the credibility of test results.
Understanding the laws that apply in a drunk driving scenario can help people properly respond to charges. Seeking legal guidance may help those accused of driving with an elevated BAC avoid a conviction.