Police officers pull over people when they show signs of intoxication at the wheel. Officers may also sometimes start to suspect that an individual may have had too much to drink after stopping them for another issue, such as failure to use a turn signal.
Driving under the influence (DUI) charges can result in numerous consequences if the driver accused pleads guilty. Many times, there are defense options available to those accused of drunk driving. The best defense strategy often depends on the basis for the charges.
Some drivers end up feeling truly shocked about their pending DUI charges because a police officer didn’t pull them over for poor performance on the road. They may face per se DUI charges rather than charges based on impaired ability.
What does per se mean?
The term per se means in itself or by itself. In the context of a drunk driving offense, the phrase refers to blood alcohol concentration (BAC).
It is against the law for anyone to operate a motor vehicle when they know they have diminished capability due to chemical impairment. That rule applies regardless of chemical test results. It is also illegal in and of itself to drive while over the legal limit.
A driver accused of per se DUI offense most likely failed a test that showed they were over the legal limit. In most cases, anyone whose BAC is 0.08% or higher could be at risk of DUI charges.
Drivers in special circumstances may be at risk of arrest with a substantially lower BAC. Professionals operating commercial vehicles, such as 18-wheelers, must maintain a BAC below 0.04%. Those who aren’t old enough to legally drink face an even stricter limit.
Why the nature of charges matters
When the crux of an entire criminal case is one piece of evidence, there can be several reasonable ways to address that evidence in a legal strategy. Seeking to exclude the evidence due to inappropriate police behavior or other technical violations can be an option in some cases. Other times, there may be a medical explanation that could raise questions about whether a driver truly broke the law.
Understanding what constitutes a DUI offense is crucial for anyone who hopes to defend against a pending charge. Motorists often need help learning about the charges they face and planning how to respond effectively.