Some people end up facing driving under the influence (DUI) charges because they drive poorly or cause crashes. Others get arrested after traffic stops for seemingly unrelated issues.
Police officers may determine that a motorist committed a DUI offense after pulling them over for speeding or another less serious traffic violation. Those arrested during traffic stops often face accusations of per se DUI offenses. Understanding DUI statutes in Florida can help people effectively respond to per se DUI allegations.
What is a per se offense?
State statutes in Florida clearly make it a crime to drive while knowingly impaired by alcohol or other mind-altering substances. People who recognize that they have cognitive or motor function impairment caused by chemicals should not get behind the wheel of a car.
Even those who feel like they can drive might still be at risk of a DUI offense. If chemical tests show that a motorist has a blood alcohol concentration (BAC) over the legal limit, they can face a per se DUI charge. The law makes it an offense in and of itself to drive with an elevated BAC.
Most drivers are at risk of an arrest once their BAC reaches 0.08%. However, state authorities can arrest commercial drivers if they have a BAC of 0.04% and underage motorists who have a BAC of 0.02% or higher.
Defense strategies in per se DUI cases may be different than the strategies used in cases involving collisions or clearly diminished driving capabilities. Learning more about DUI laws can help people develop the best possible defense strategy.
