Many people assume that they know when they are too drunk to drive and that they can spot a drunk driver in traffic. In reality, quite a few people accused of impaired driving may have thought they were sober enough to get home safely.
Their driving may seem normal to most people who cross paths with them on the road. Even the police officer who arrested them may not have thought they were under the influence initially. People don’t have to cause crashes, across the center line or drive unsafely for police officers to arrest them or impairment at the wheel. Prosecutors also have no obligation to prove that a driver lacked ability. Instead, impaired driving charges are possible based solely on chemical test results in many cases.
Being over the limit is a crime on its own
Impairment doesn’t just relate to displays of diminished ability. The law also considers an elevated blood alcohol concentration (BAC) as an indicator of impairment. It is a crime to be over the BAC limit on its own regardless of other factors.
For most motorists, the BAC limit that applies is 0.08%. Chemical test results showing a BAC at or over that level are adequate evidence to justify arresting and prosecuting a motorist. Certain drivers are subject to lower BAC limits.
Underage drivers must comply with a zero-tolerance law. A BAC of 0.02% or higher might be enough to warrant arrest and prosecution for someone not old enough to legally drink. Those operating commercial vehicles may face drunk driving charges if their BAC is 0.04% or higher.
There are defense strategies for chemical test cases. Those facing drunk driving charges based on allegations of technical rule violations can defend against those claims. For example, they may be able to provide medical evidence showing an alternate explanation for their elevated BAC. Other times, there may be reason to question the accuracy of the testing unit, such as no recent records of calibration.
Reviewing the state’s case and learning more about the law with the assistance of a skilled legal team can be beneficial for those facing impaired driving charges. Those who choose to fight their charges can potentially avoid incarceration, driver’s license suspension and financial penalties.
