There are numerous scenarios that may lead to driving under the influence (DUI) charges. State law allows for the prosecution of those who display obviously impaired driving abilities and those who cause crashes while under the influence.
However, a large percentage of those accused of drunk driving didn’t do anything dangerous or harm anyone else. Instead, they face per se or technical DUI charges. They may have gotten arrested after a one-on-one traffic stop. Some people question the validity of per se charges because their driving was normal and they didn’t have a negative impact on other people. They may not realize that state law authorizes the prosecution of those who commit technical drunk driving infractions.
What constitutes a per se DUI offense?
A per se offense is an action that is a crime in and of itself regardless of the potential impact on other people. While some DUI charges arise because an impaired motorist harms others, people can also face prosecution for simply having an elevated blood alcohol concentration (BAC).
The law makes it illegal to drive with a BAC of 0.08% or higher in most cases. Drivers who are old enough to legally consume alcohol and in control of personal vehicles are subject to a 0.08% BAC limit regardless of their alcohol tolerance or driving skill.
Some drivers are subject to harsher rules. There is a zero-tolerance policy for those under the age of 21. A BAC of 0.02% can be enough to lead to their prosecution. Those operating commercial vehicles like semi-trucks or school buses are subject to a per se limit of 0.04%.
How people fight per se DUI charges
It is possible to defend against per se DUI allegations. The state’s case often relies almost entirely on chemical evidence. The defense attorney representing the accused party could raise questions about the accuracy of the test results. They might also be able to provide an alternate explanation for the driver failing the test, such as documented medical issues.
Reviewing the state’s evidence with a skilled legal team is a good starting point for those who want to fight pending DUI charges. Those who understand the rules that govern per se DUI allegations can use that information to plan a defense strategy.