Per Se Laws Punish Individuals Who Are Not Impaired by Alcohol
Driving under the influence is often charged as a misdemeanor, but the stigma that accompanies a DUI conviction can be just as harsh as one that comes with a felony conviction for another type of offense. While driving under the influence does negatively impact the lives of many people, there are some drivers who are arrested and convicted of DUI charges even if they are not impaired due to the “per se” DUI laws in effect in most states. These per se laws mean that drivers can be arrested for driving under the influence if their blood alcohol content level reaches a certain limit, usually 0.08%. The worst part is, they don’t even need to be visibly impaired and they needn’t have violated any traffic laws. Stopping at a DUI checkpoint and ending up with a reading of 0.08% or greater means that you can be arrested for driving under the influence and charged with a criminal offense. While you may have been driving well and displaying no outward signs of intoxication, these per se laws can make you a criminal.
The DUI per se laws in California aren’t fair, especially when you consider that blood alcohol concentration limit test results can often be incorrect and unreliable. These tests are given to individuals without regard for their health history, metabolism, body weight, how much food was eaten, and other pieces of information that could make the tests invalid for certain people. The rule of not using the same tests for everyone doesn’t apply when it comes to DUI, just like you don’t even need to be doing anything wrong as a driver to get arrested and charged. Think about this the next time you’re driving so you can be sure to avoid consuming alcohol before driving your vehicle. You can prevent yourself from being charged unfairly if you know the DUI laws and are able to consult with a skilled San Bernardino DUI attorney.
If you have any questions in regards to a DUI please feel free to contact a southern California DUI defense attorney. We have DUI Law Offices located in Orange County, Riverside, San Bernardino County, San Diego and DUI matters in Los Angeles.
