Driving under the influence (DUI) offenses can lead to numerous significant penalties. People accused of drunk driving may have to serve time in jail or pay large fines. They typically also lose their driver’s licenses temporarily.
Individuals accused of drunk driving may insist that they were not too drunk to drive. For example, they may claim to have a high tolerance for alcohol, and the traffic stop may have begun for an unrelated issue. Does a prosecutor need to prove that a driver had diminished driving ability to successfully pursue DUI charges?
Many DUIs are technical offenses
The law clearly prohibits driving while impaired. People who understand that alcohol has diminished their capacity should not attempt to operate a motor vehicle. However, the law also prohibits driving with an elevated blood alcohol concentration (BAC).
Drivers who are old enough to legally drink are subject to a 0.08% BAC limit when they operate personal motor vehicles. Regardless of how impaired they appear or feel, being over the limit is enough to justify prosecution.
Evidence of an elevated BAC could lead to a DUI conviction even in the absence of compelling evidence of diminished ability. DUI charges brought based on allegations of elevated alcohol levels often rely almost entirely on chemical test results. Questioning the accuracy of those test results or excluding them from the criminal proceedings could be a viable component of a criminal defense strategy.
People hoping to fight DUI charges often need support as they explore their options. With appropriate legal assistance, DUI defendants may be able to avoid costly convictions.