DUI Arrests: Not Always Linked to Crashes
Some people are arrested for drunk driving because they cause accidents. They may lose control of their vehicle and crash due to intoxication. However, others are arrested for driving under the influence (DUI) without causing a wreck. These individuals may be arrested after exhibiting poor control of their vehicle while driving in traffic.
When Police Can Make an Arrest
Police officers can pull over drivers they suspect are intoxicated. They may arrest those who fail field sobriety tests or breathalyzer tests administered during the stop. It's important to note that some drivers may be arrested for a DUI offense even if they don’t display obvious signs of impairment or cause an accident.
The Per Se DUI Offense
In some cases, a person may be arrested for a DUI based on chemical test results. This is known as a "per se DUI." What does this mean? The driver may not have been impaired or caused a crash, but the chemical test shows that their blood alcohol concentration (BAC) exceeded the legal limit. In this case, the state does not need to prove that the driver was impaired. The mere fact that the BAC was over the legal limit is enough for a DUI charge.
Understanding the Legal BAC Limits
Under most state laws, the legal limit for BAC is 0.08%. If a driver’s BAC exceeds this limit, they can face arrest and prosecution. It is a crime to operate a vehicle with a BAC above the legal threshold, even if the driver was operating the vehicle normally.
Stricter BAC Limits for Certain Drivers
Some individuals face stricter BAC limits than the general 0.08% limit. For example, professionals operating commercial vehicles, such as semi-trucks or buses, can be arrested for a DUI if their BAC is 0.04% or higher. Additionally, underage drivers are subject to zero-tolerance laws, which means they can be arrested for a DUI with a BAC as low as 0.02%.
Defense Options for DUI Accusations
If you are facing accusations of a technical or per se DUI offense, there are several defense options available. Lawyers can challenge the legality of the traffic stop in some cases. In other situations, medical evidence or police records can be used to undermine the accuracy or credibility of the chemical test results.
Seeking Legal Guidance
Understanding the laws surrounding DUI offenses is crucial for anyone accused of drunk driving. If you find yourself facing a DUI charge based on an elevated BAC, seeking legal guidance can help you understand your rights and potentially avoid a conviction.