Driving under the influence (DUI) charges are some of the most common criminal allegations pursued in Georgia. Police officers can arrest people for driving erratically or causing crashes after drinking. They can also arrest people who may have committed a technical or per se DUI violation.
Most people understand that it is illegal to drive while impaired by chemical substances, including alcohol. What they may not realize is that the state can pursue DUI charges even if they don’t show clear signs of impairment at the wheel. Motorists who feel like their driving was normal may be at risk of DUI charges if the state can prove that they committed a per se DUI violation.
What is a per se offense?
Some actions are criminal regardless of their impact on others. Georgia state statutes make it illegal to drive with an elevated blood alcohol concentration (BAC) regardless of other considerations.
Driving with an elevated BAC is a crime in and of itself. Per se means “by itself,” and it refers to scenarios where specific actions or choices are criminal regardless of the consequences. Those accused of a per se DUI offense likely failed a chemical test.
What limits apply to a driver’s BAC?
Age and vehicle type influence how much alcohol a motorist can consume without breaking the law. Most adults are at risk of DUI charges if their BAC is 0.08% or higher. Sometimes, drivers are subject to a stricter limit.
Individuals operating commercial vehicles, including semi-trucks or buses, are subject to a 0.04% BAC limit. Drivers who have ignition interlock devices (IIDs) in their vehicles generally need to keep their BAC below 0.02%. Minors who are not yet 21 could also be at risk of a DUI offense when they have test results showing a BAC of 0.02% or higher.
Motorists accused of per se DUI offenses may need help preparing a reasonable defense strategy. Challenging the legality of a traffic stop or providing an alternate explanation for test results could help people defend against per se DUI charges.