Police officers may pull people over in traffic when they suspect them of drunk driving. Erratic behavior on the road, complaints from other motorists and even involvement in a collision can lead to testing requests and possibly a driving while intoxicated (DWI) charge.
In some cases, the drivers involved in collisions they didn’t cause or pulled over for unrelated reasons may end up facing DWI charges. Most of the time, those situations involve per se charges. Understanding what constitutes a per se DWI can help people limit their risk of arrest or respond more effectively to pending allegations.
Per se offenses are crimes on their own
The state prohibits driving while in a chemically impaired state. The law also imposes a strict limit on a driver’s blood alcohol concentration (BAC). If there is evidence that a motorist was behind the wheel with a BAC above the legal limit, that can warrant a per se DWI charge.
The state does not need to prove that a driver demonstrated impaired ability. Simply being over the legal limit is a technical violation of the law and is adequate reason for the state to pursue DWI charges.
For adult drivers operating standard passenger vehicles, the BAC limit that applies is 0.08%. Anyone who fails the chemical test could be at risk of a per se DWI charge. Defense strategies differ in cases where the state’s case may rely entirely on a single test.
Discussing this kind of case with a DWI defense lawyer can help motorists evaluate different options. The right defense strategy can help people avoid DWI convictions that can affect their daily life and saddle them with a criminal record.