In many driving under the influence of intoxicants (DUII) cases, commonly just called DUI cases, video footage of a driver swerving back and forth on the road or evidence of a serious motor vehicle collision they caused can serve as proof of impairment. If the state can prove beyond a reasonable doubt that a person could not drive safely because alcohol or drugs impeded their capabilities, securing a DUI conviction can be a straightforward process.
Other times, authorities may attempt to bring a per se DUI charge. They may not have proof of impaired ability and a driver struggling to safely operate a vehicle in such cases. What evidence does a prosecutor need to bring successful per se DUI charges?
Proof of elevated alcohol levels
The law prohibits getting behind the wheel if the driver knows alcohol or other substances may have compromised their capabilities. It is also illegal to drive with a blood alcohol concentration (BAC) over the legal limit.
The law makes it a crime to drive with a BAC above the legal limit, regardless of any other factors. That is the nature of a per se offense. It is an act that is a crime in its own right due to statutory standards. Most adult drivers are subject to a 0.08% BAC limit. Per se DUI cases often rely almost exclusively on chemical test results, although sometimes field sobriety test results and other evidence can also serve as evidence for the prosecution.
Reviewing the circumstances of a DUI arrest with a skilled legal team can help defendants respond effectively. It is possible to fight DUI charges, including per se DUI charges, with the right strategy in many scenarios.