Driving under the influence (DUI) offenses are somewhat common. Many people overestimate their driving skills or underestimate how much they have had to drink.
Some people get arrested because they drive poorly or cause crashes. Others may find themselves accused of a per se or technical DUI violation. A motorist accused of impaired driving needs to understand the law if they hope to defend themselves from pending criminal charges.
How does the state work to prove that someone committed a per se DUI offense?
Per se offenses relate to alcohol levels
In the legal world, the term “per se” refers to an action that is a crime on its own. Regardless of any secondary factors, certain behaviors can lead to criminal prosecution. Per se rules integrated into the state’s drunk driving statutes impose a strict limit on how much alcohol people can have in their bloodstreams while driving.
Most motorists recognize that they are at risk of arrest and prosecution if they drive poorly. However, displaying impaired ability is not necessary for the state to prosecute them. It is a crime to have a blood alcohol concentration (BAC) over the legal limit. For most adult drivers old enough to legally drink, the limit that applies is 0.08%.
Anyone who tests at or over that level is vulnerable to DUI charges. The state does not need to show that they drove in an unsafe manner or otherwise endangered others to justify their prosecution.
Those facing per se DUI charges may have several workable defense strategies available to them. Reviewing the situation that led to a DUI arrest with a skilled legal team can help motorists plan the best response to limit their long-term consequences.