Driving under the influence (DUI) charges are some of the most common criminal allegations. People who typically follow the law to the letter might end up arrested after a collision or an encounter with the wrong police officer.
Often, those accused of impaired driving feel quite certain that they did not break the law. They believe that their driving was normal and that they did not pose any significant risk to themselves or others. They may not have felt impaired, even if they had a drink or two before driving.
They may want to challenge the charges against them by asserting that they were still able to safely operate a motor vehicle at the time of their arrest. However, state law does not necessarily require proof of diminished driving capabilities for prosecutors to bring DUI charges against a motorist.
The law limits blood alcohol levels
The DUI statutes in Pennsylvania impose two important restrictions on the behavior of motorists. The first is that no one should get behind the wheel of a vehicle while aware that they may suffer from impaired ability due to drugs or alcohol.
The second, however, is a “per see” limit imposed on a driver’s blood alcohol concentration (BAC). A per se limit makes it a crime in and of itself to drive with an elevated BAC even if the motorist has a high tolerance and could drive safely with that amount of alcohol in their bloodstream.
For most drivers, the per se limit that applies is 0.08%. If they get behind the wheel with a BAC at or over that threshold, they may be at risk of arrest and prosecution regardless of how they actually drove. Underage drivers, those operating commercial vehicles and those subject to restrictions because of a prior DUI offense may be subject to lower BAC limits than the average adult driver.
The good news is that there are a number of defense strategies that can work well for those facing DUI allegations based solely on their chemical state. Providing medical evidence or questioning the legality of a traffic stop can be effective DUI defense options in some cases. Motorists who understand the law can use that information when developing a defense strategy as they prepare to fight pending DUI charges.