Driving while intoxicated (DWI) charges can sometimes follow a car crash. Police officers who believe that someone was under the influence at the time of a collision can request testing and arrest a driver. Even if the motorist wasn’t technically at fault for the crash, they could still face DWI charges.
Other times, police officers spot someone behaving questionably in traffic. Driving unreasonably slowly, swerving or stopping without a reasonable explanation in the middle of the road can all serve as indicators of intoxication. Police officers may initiate one-on-one traffic stops when they believe that someone has had too much to drink and poses a risk to others.
Not everyone who is accused of a DWI demonstrated diminished driving capabilities or got into a crash before their arrest. Many DWI charges are the result of per se DWI offenses.
What does per se mean?
The term per se means “by itself.” Per se statutes make certain conduct illegal regardless of other factors. When it comes to DWI prosecution, per se violations involve having an elevated blood alcohol concentration (BAC).
Those who are old enough to legally drink should not operate a motor vehicle if their BAC is 0.08% or higher. Driving with an elevated BAC is illegal on its own regardless of whether the driver shows signs of diminished capabilities. If the driver fails a chemical test during the traffic stop, the state can prosecute them even if the traffic stop began because of speeding or other unrelated issues.
How do drivers fight per se DWI charges?
The state’s case in a per se DWI scenario focuses on proving that a driver had an inappropriately high BAC. Most defense strategies focus on explaining a driver’s test results or preventing the courts from hearing about them.
Drivers might have medical conditions that affect the accuracy of alcohol testing. Other times, a defense attorney might be able to raise questions about whether a traffic stop was legal. If a police officer did not have a reason to initiate the traffic stop, then any evidence obtained during that stop could be subject to challenge during a criminal trial.
Understanding how the state treats DWI charges may help people avoid unfair criminal convictions. Motorists accused of per se offenses may be able to avoid a conviction with the right defense strategy.