Many driving while intoxicated (DWI) charges result from poor driving or collisions. Police officers notice someone swerving or ask a driver to submit to chemical testing after a crash. They may then confirm their suspicions of intoxication and arrest the motorist.
The state can also bring per se DWI charges against a driver. Instead of alleging that the driver struggled to safely manage the vehicle, the state asserts that they technically violated the DWI statute. A per se offense in theory carries the same penalties as a DWI charge brought for clearly impaired driving.
What is the basis for a per se DWI charge?
The charges relate to elevated alcohol levels
It is illegal and unsafe for people to drive when they know that alcohol or drugs have impaired their ability. However, it is also illegal to drive with an elevated blood alcohol concentration (BAC). A per se DWI offense occurs when a driver gets behind the wheel with a BAC of 0.08% or higher.
Chemical test results can be enough to validate allegations that a motorist broke the law. The state does not have to prove that they displayed impaired ability if there is clear evidence that they were over the legal limit for their BAC while driving.
A per se statute makes certain conduct criminal regardless of the effect of that conduct. Driving with a BAC of 0.08% or higher is a crime even if a driver has a high alcohol tolerance and can drive safely with an elevated BAC.
How can people fight per se charges?
There are several criminal defense strategies that can work for those facing per se DWI charges. Some drivers can provide medical explanations for why they failed the chemical test. Other times, people partner with defense attorneys to question the legality of a traffic stop. If a police officer didn’t have a valid reason for stopping a driver, the state may not be able to use evidence gathered during an illegal traffic stop to pursue charges against that motorist.
Reviewing the state’s evidence and an encounter leading to the arrest with a skilled legal team can help drivers develop DWI defense strategies. Motorists facing per se charges can sometimes exonerate themselves with the right legal tactic and support.