Allegations of driving while impaired (DWI) offenses often stem from poor driving. People involved in collisions or pulled over for questionable conduct in traffic might face DWI charges.
Drivers sometimes assume that if there aren’t any major issues with their performance at the wheel, then the state may struggle to convict them of a DWI offense. While displaying impairment at the wheel can certainly strengthen the state’s case, proof of diminished ability isn’t necessary to secure a DWI conviction.
Prosecutors can also bring per se DWI charges against drivers who may have gotten pulled over by police officers for completely unrelated concerns. When are drivers at risk of per se DWI charges?
Per se offenses are crimes in their own right
In some criminal scenarios, the situation must meet very specific standards to warrant prosecution. In a DWI case, there is more flexibility than the average person might realize. The state can show that compromised driving skills warrant the prosecution of a particular motorist.
Drivers are also vulnerable to prosecution if they fail chemical testing. Per se DWI offenses involve operating a motor vehicle with a blood alcohol concentration (BAC) over the legal limit.
BAC violations are per se offenses. It is a crime in its own right to be over the legal limit regardless of what other factors may be present. Typically, per se DWI charges rely heavily on chemical test results. As such, there may be an assortment of defense strategies available to the accused motorist.
Reviewing the circumstances of a DWI arrest with a skilled legal team could help a driver plan an appropriate response. Showing that there are reasons to question test results or whether a traffic stop was legal could help motorists avoid a conviction when facing a per se DWI charge.
