Police officers can arrest drivers for DUI offenses if they cause crashes or drive poorly in traffic. They can also arrest anyone who fails a chemical test. Charges brought based on the outcome of chemical tests are per se charges. They involve claims that a driver violated the law by having a blood alcohol concentration (BAC) over the legal limit.
Understanding the following three critical facts about per se DUI allegations can help drivers determine the best response to their pending charges.
1. Different drivers have different limits
There are three distinct per se limits that apply in Georgia. Most adult drivers are subject to a 0.08% limit. Commercial drivers are subject to a lower 0.04% limit. Underage drivers can face DUI charges for a BAC of 0.02% or higher.
2. There is no per se drugged driving limit
The per se limits that exist reflect medical consensus about when alcohol causes impairment. There are dozens of different drugs, including prescription medications, that can affect driving capability. The law does not include any per se limits for drugged driving.
3. Proof of impairment is not necessary
When the state pursues a per se DUI charge against a driver, the prosecutor does not need proof that the alcohol in the driver’s bloodstream affected their driving. They only need to convince the courts that the defendant had a BAC above the limit that applies to them.
Defense strategies can be substantially different in per se cases due to what the state must prove to secure a conviction. Working with a criminal defense attorney is important for those who want to avoid DUI convictions. A lawyer can review the evidence at issue, and help defendants explore their options accordingly.