All states have per se DUI/DWI laws. This means that you will be considered intoxicated if your blood alcohol concentration is 0.08% or more. So if your blood alcohol concentration was 0.08% or more, the police need not prove anything else. You will be convicted unless you successfully challenge the charges against you.
Level of Intoxication
Under the per se DUI/DWI laws, the level of intoxication is insignificant for proving the offense. You may be someone who has a great capacity to consume alcohol and yet remain sober but under the per se DUI/DWI laws, if your blood alcohol concentration is 0.08% or more, you will be considered intoxicated. It doesn’t matter whether you are absolutely sober or not.
Narcotic and Prescription Drugs
The blood alcohol concentration limits under the DUI/DWI does not address the issue of drugs. Some states have adopted laws that set make it an offense to drive or operate a motor vehicle under the influence of narcotic or prescription drugs.
- Rhode Island
have zero tolerance laws. In Virginia,Ohio and Nevada, you will be charged with an offense of driving under the influence of drugs if the presences of drugs in your system exceed as certain limit.
All states have adopted “zero-tolerance” policies toward intoxicated teen drivers. Their legislatures have established lower BAC limits for persons under age 21 — 0.02 %. That level represents the effect of approximately one can of beer, glass of wine, or shot of hard liquor on a person of average body weight, and much less than the typical level establishing DUI/DWI for adults.
Defending a DUI/DWI charge
Per se DUI/DWI law does not mean that you have no defenses to a DUI/DWI charge if the results of the test indicate that your blood alcohol concentration was 0.08% or more. Speak to an experienced DUI lawyer. The lawyer can review the facts of your case and advice you of the available defenses. The results of the rests are not fool proof. Many factors can influence the results of the tests. If you are facing a charge of driving under the influence of drugs, the police must prove that the drug found in your system is a prohibited drug i.e. the law prohibits persons from consuming that drug and driving a vehicle. Some drugs tend to remain in the system long after their effects wear out. Exercise your right to fight the charges against you. Pleading guilty can have serious consequences. DUI/DWI is not a civil offense. It is a misdemeanor crime. If convicted, you can be sent to jail even if it is your first time. Don’t take chances. Consult with an experienced DUI/DWI lawyer.