Many driving while intoxicated (DWI) cases involve crashes or unsafe driving. Police officers may perform chemical tests on those involved in collisions or might test those who demonstrate poor skill on the road.
Occasionally, people get pulled over for unrelated issues, only to face allegations of impaired driving. Police officers ask them to undergo chemical testing, and they fail the test. While their control of the vehicle may have been normal and no crash occurred, the state may still try to pursue DWI charges.
Prosecutors may claim that a driver committed a per se or technical DWI offense in such cases. What does that mean for the driver accused?
The driver had an elevated alcohol level
State law makes it illegal to drive while chemically impaired. Anyone who is aware that drugs or alcohol may have affected their ability to operate a vehicle should not drive. However, even those who believe they are sober enough to drive can face criminal prosecution.
The state maintains legal limits for a driver’s blood alcohol concentration (BAC). Simply being over that limit is a crime in and of itself. That is where the term per se DUI gets its name. The phrase per se means by itself, and it references how an elevated BAC is illegal on its own merit.
Prosecutors do not need to demonstrate that a driver drove poorly or endangered other people. They simply need proof that a driver was over the legal limit for their BAC to justify criminal charges.
Some drivers are subject to a stricter limit than others. Those operating commercial vehicles like 18-wheelers or buses can face DWI charges with a BAC of 0.04%. Young adults who are not yet old enough to legally drive are subject to a limit of 0.02%.
Defense strategies differ in cases where the main claim against a driver is that they exceeded the chemical limit. Reviewing the state’s evidence can help drivers prepare a viable defense strategy when facing DWI charges.
Seeking legal guidance can help people charged with driving while intoxicated question test results, provide alternate explanations or show that a traffic stop was illegal. Those who fight DWI charges may avoid criminal penalties and the challenges that come from having a criminal record.
