DUI Per Se

Did you know that you can be charged with driving under the influence, or DUI, even if your driving is not impaired? Indeed, under DUI “per se” laws, anyone who is driving with a blood alcohol content (BAC) above the legal limit of .08% can be charged with drunk driving—regardless of his or her driving abilities. Depending on the state, you may even face additional charges for driving with an unlawful BAC.

Chemical tests are used to determine a person’s BAC. Although breath tests—often called “Breathalyzers”—are the most common form of chemical testing, urine or blood tests may also be used to measure the amount of alcohol in your system. It is important to know that refusing to take any type of chemical test is against the law. If you do refuse, you may face additional charges for violating your state’s implied consent law.

Drivers under the age of 21 can be charged with DUI if their chemical test results show they have any trace of alcohol in their system at all. In fact, depending on the state, underage drivers may not only face unlawful BAC and DUI charges, but may also be charged for violating their state’s zero tolerance law.

In some cases, you may be charged with DUI even if you have no alcohol in your system. This is because other substances, such as illegal drugs and even prescribed or over-the-counter medications, can impair your driving. As a result, if your chemical test results indicate the presence of other substances, you can be arrested and charged for DUI. However, per se laws do not apply to DUI cases involving substances other than alcohol. Rather, the prosecution must prove the driver’s ability to operate a vehicle was impaired as a result of the drug or medication.

If you have been charged with DUI, it is important to obtain legal representation immediately after your arrest. Contact a criminal defense attorney in your area to discuss your case, and learn more about how your state’s per se laws affect the charges against you.