There are two general scenarios that may lead to driving under the influence (DUI) charges. Some people end up prosecuted because of their poor driving. They cause crashes or display clearly impaired ability on public roads. Police officers may have video footage of them swerving over the center line and driving erratically that can help establish that they were not in a condition to safely operate a vehicle.
The other scenario in which people face DUI charges involves a technical or per se violation. A driver may have been able to safely operate a vehicle. A traffic stop might have begun because of a minor issue, such as a speed violation or a maintenance concern. However, the driver might end up arrested for a DUI offense because they failed a chemical test. The reason for the charges can influence the right response when going to trial.
The law limits blood alcohol levels
State DUI statutes do not just make it illegal to drive while incapable of safely operating a vehicle. It is also illegal to drive with an elevated blood alcohol concentration (BAC). Different groups of motorists are subject to different limits.
Those driving semi-trucks, buses or other commercial vehicles are at risk of DUI charges once their BAC reaches 0.04%. Most adults operating passenger vehicles are subject to a 0.08% BAC limit. The language of the DUI statutes makes it an offense to drive with an elevated BAC regardless of how alcohol levels affect a driver’s abilities. Idaho’s DUI statute makes it a per se offense or a crime in and of itself to have a BAC at or above the legal limit.
Technical or per se DUI charges often depend almost entirely on chemical test results. Proving that someone was able to drive well may not work at trial, as chemical limits make driving a crime regardless of ability levels. On the other hand, proving that there is another explanation for a failed test or possible issues with a testing device could be effective.
Drivers may have several options available when hoping to fight back against pending DUI charges. Raising questions about test accuracy or the legality of a traffic stop can help people avoid DUI convictions. Defendants who are familiar with the law can potentially use what they know to begin developing a defense strategy.