Per Se DUI or DWI cases give police the right to charge an individual with a DUI if he or she has a BAC that exceeds 0.08% at the time that the breath test is administered. According to per so DUI laws, the police do not need to search for further evidence of intoxication o impairment if the driver has already proved that he or she has a BAC over 0.08%. All states have per se DUI laws that can find any driver with a blood-alcohol concentration at or above 0.08% to be intoxicated.
IT is important for drivers who are drinking to realize that regardless of how sober they feel and behalf, it is their BAC that matters in the eyes of the law. If a driver feels perfectly sober but has a BAC over the limit of 0.08%, then that person will be considered intoxicated by the law. The police will always consider a person impaired if they have a BAC that exceeds this limit.
The police will not require a person to go through sobriety tests or to complete on-scene evaluation such as sobriety testing and the like if the person already has an incriminating BAC. This also makes it important for DUI suspects to hire a hardworking DUI lawyer to assist them if they are accused of this crime.
There is a possibility that a DUI lawyer may be able to challenge the results of the DUI charge and seek additional proof. Also, a DUI attorney may be able to show that the breath test was administered incorrectly and that an individual who has been charged with a DUI is not actually guilty of this crime. Sometimes if a police officer simply takes the test wrong, or fails to wait the appropriate amount of time before administering the test, it can drastically skew the reading.
Thankfully, just because a person can be charged with a DUI due to their BAC level base3d on per se DUI laws does not mean that that person is a part of an open and shut case. This is when it is essential to have a hardworking DUI lawyer on your side. Defendants can and do challenge everything from the validity of test results to the machines that are used to collect the results and the procedures used to collect the test results.
DUI attorneys may also challenge the reason that the defendant was pulled over in the first place, the reasonable cause to believe the driver may have been intoxicated, and the possibility of medications or foods that could have influenced the BAC reading. Attorneys may also challenge the prosecution by arguing that the defendant has a medical condition which could result in a higher DUI reading.
Per se DUI laws do not apply to driving under the influence of drugs. However, a growing number of states have per se laws that address drugged driving. The states that deal with these types of laws on their books are Arizona, Delaware, Illinois, Indiana, Wisconsin, Georgia, Utah, Pennsylvania, Rhode Island, Nevada, Virginia Ohio and Iowa. In Nevada, Ohio, and Virginia, the courts have established specific limits for the presence of intoxicating drugs.
The rest of the states that have laws about drugged driving and per se DUI laws have a zero tolerance rule. Prosecutions under the per se laws in drug cases face the challenge of having to established the presence of a particular drug in the case. Alcohol essentially comes in one form, but when it comes to drugs additional testing is often required. If you want more information about a per se DUI law or if you have been injured and are now seeking compensation then contact a lawyer right away to learn more!