People sometimes believe inaccurate information about driving under the influence (DUI) charges. One common misconception involves the belief that an individual must have diminished driving capabilities to be at risk of prosecution.
In reality, state prosecutors do not need to prove that a driver struggled to safely operate a motor vehicle to bring DUI charges. Failing a chemical test can be adequate grounds for DUI charges all on its own.
Poor driving isn’t mandatory for a DUI charge
Police officers often stop, test and arrest drivers who show signs of impaired driving ability. However, many DUI charges begin with minor traffic infractions. Police officers pull people over for speeding or performing a rolling stop at a red light.
After talking to a driver, they may begin to suspect that the motorist has had too much to drink. If that driver then fails a chemical breath test, the officer can arrest the motorist for a DUI offense. According to state statutes, it is against the law in and of itself to drive while over the legal limit for alcohol levels.
Anyone with a blood alcohol concentration (BAC) of 0.08% or higher while in actual control of a vehicle is potentially at risk of a DUI charge. Regardless of how they drive, the state can prosecute them for having an unsafe amount of alcohol in their bloodstream.
Understanding the rules that justify DUI charges can be beneficial for those accused of drunk driving. Those facing per se charges may have several viable defense strategies available to them. Defendants who secure legal support may be able to avoid a conviction.