Most people have heard of driving under the influence. If someone is pulled over by a police officer and they have alcohol or drugs in their system after they were found behind the wheel, then a police officer can charge them with a DUI. However, what happens if the driver’s BAC was 0.08% or higher? Many people have never heard of a DUI “per se” but that is exactly the kind of charge you may be facing. A criminal defense attorney in Civic Center San Francisco, CA, like from Hallinan Law Firm, wants you to know that there are possible defenses to this kind of charge and that the more knowledge you have about it the better we can fight it. For more information on how they can help you, please contact a law office now.
Does this kind of DUI charge apply in all states?
While each state and jurisdiction may have their own laws regarding how someone is punished or why someone received a harsher punishment than others for a DUI, each state does have its own laws regarding per se DUIs. For instance, you will typically find the law in each state explicitly saying that a driver cannot drive under the influence of 0.08% or higher alcohol in their system. When it comes to drugs, some states even have per se laws regarding the type and amount of drugs you can have in your system when you are operating a car. You may even find that these laws apply to someone driving with any amount of drugs in their system.
Are there defenses?
There are possible defenses. While it may seem impossible to fight these charges since you were allegedly found either driving at or above the legal limit, we do not believe that any charge is set in stone until we receive a conviction.
- Challenge the Test. It is possible to challenge whether the BAC test results were accurate or not. If the officer did not take care of the breathalyzer machine and calibrate it often enough or if they did not follow the simple procedures they are required by law to follow while administering the BAC test, it is possible to throw the results out.
- Challenge the Results. In other instances, we can look into the way that your blood test results were stored. If they were not stored properly it is possible for the blood to essentially “spoil” and create an artificially high measurement.
- Your Evidence Wasn’t Legal. When we say this, we mean that the police did not go through the proper procedure to obtain your blood sample for testing. If they did not, we may be able to get the results thrown out.
If you have received a DUI per se charge and would like to speak with a criminal defense attorney, contact a law firm now.
