There are several scenarios in which people may find themselves accused of driving under the influence (DUI) offenses. Many of those circumstances involve poor driving and possibly even collisions.
However, not everyone accused of a DUI offense experiences a crash. In fact, many drivers facing DUI charges get arrested during traffic stops. An initial stop could be for a completely unrelated issue, such as speeding. During the traffic stop, signs of impairment may come to light. The police officer might ask to administer field sobriety tests and chemical tests. Police officers may accuse the driver of a per se DUI offense.
What legal justification is necessary for the state to bring a per se DUI charge?
The case focuses on alcohol levels
A per se crime is an action that is illegal regardless of any other factors. In a DUI case, per se statutes govern alcohol levels. It is illegal to drive with diminished capability. However, it is also illegal to drive with an elevated blood alcohol concentration (BAC) regardless of any other considerations.
If a driver gets behind the wheel when their BAC is 0.08% or higher, that can be enough to warrant criminal prosecution. Some drivers are subject to even stricter limitations. People hoping to fight per se DUI charges often need help evaluating the evidence that the state has gathered and exploring potential defense strategies. Proof of poor driving is not necessary for the state to secure a conviction.
Understanding what constitutes a per se DUI offense is the first step toward developing a reasonable strategy for court. Drivers often need help understanding the law and looking into ways to respond to pending DUI charges, and that’s okay.