Drunk driving charges are among the most serious traffic crimes that occur. It is illegal to drive while impaired by alcohol or any other mind-altering substance. Police officers may arrest anyone who appears intoxicated at the scene of a crash, fails a chemical test or drives in an erratic fashion.
In some cases, the people accused of drunk driving believe that no crime occurred because they did not struggle to safely operate their vehicles. They may hope to avoid a conviction by proving that they were fully capable of driving safely.
Do prosecutors need to prove that a driver was driving while impaired to secure a drunk driving conviction?
Per se offenses are relatively common
Most drunk driving charges fall into one of two categories. Some people get arrested for clearly diminished capabilities. They cause crashes, swerve all over the road and make it clear that their impaired state leaves them incapable of driving safely.
Others face drunk driving charges because they fail a chemical test. Per se drunk driving statutes make it illegal to operate a vehicle with a blood alcohol concentration (BAC) over the current legal threshold. For most drivers, that threshold is 0.08%.
People operating commercial trucks and minors who cannot legally drink are subject to lower limits. State prosecutors generally do not need to prove in court that a driver struggled to operate a vehicle safely. They only need to convince the courts that the motorist was over the legal limit for their BAC.
Understanding how the state develops a case can help people fight back against pending drunk driving charges. Defendants can question test results or explore other defense options, depending on the circumstances surrounding the charges.