People who are talking about drunk drivers often reference those who are obviously incapable of driving safely. Motorists who are well over the legal limit might swerve all over the road, stop without reason and put everyone they encounter at risk. They may even cause major collisions.
However, not everyone arrested for driving under the influence (DUI) offenses drove poorly. In some cases, officers may have pulled them over for other issues, only to then suspect them of intoxication. Drivers may end up facing per se DUI charges. What does that usually mean?
The driver had elevated alcohol levels
A per se offense is an action that is a crime on its own merit regardless of other factors. It is illegal to operate a motor vehicle with an elevated blood alcohol concentration (BAC), regardless of whether the driver demonstrates impaired ability and causes a crash.
Years ago, Pennsylvania had a higher threshold for per se offenses than most other states. However, for more than two decades, the legal limit has been 0.08% for most drivers. Teenagers who aren’t old enough to legally drink and professionals operating commercial vehicles are subject to stricter limits.
The defense strategies utilized in a per se DUI case may be different than those in scenarios involving poor driving. Drivers accused of technical or per se offenses may have several viable defense options available to them. They may need help challenging evidence, developing alternate explanations for failed testing or negotiating a plea bargain.
Reviewing the state’s evidence with a skilled legal team can be the first step toward a realistic DUI defense strategy. The right support during that process can help defendants push for the best possible outcome.