Motorists might face driving while intoxicated (DWI) charges because of their involvement in a collision. They might get arrested after a traffic stop, even if an officer pulls them over for an unrelated issue.
Often, poor driving contributes to the DWI arrest. Police officers stop people who swerve all over the road or show other signs of intoxication.
However, the state can also pursue per se charges without proving that a driver struggled to operate a vehicle safely. Understanding what constitutes a per se DWI can help people decide on the best defense strategy.
A per se offense involves a high alcohol level
Most times, per se DWI charges begin with failed chemical tests. Anyone whose blood alcohol concentration (BAC) is over the legal limit could face a DWI charge, even if they drove perfectly before encountering a police officer.
For most adults in Texas, the BAC limit that applies is 0.08%. Those not old enough to legally drink are generally subject to a 0.02% BAC limit. Anyone operating a commercial vehicle, such as a bus or semi-truck, is subject to a 0.04% BAC limit.
Defense strategies are often much different in per se cases than in those based on collisions or poor driving. Excluding test results from the trial or providing explanations for a failed test could raise questions about whether a driver was truly over the legal limit.
Reviewing the details of the state’s case with an experienced criminal defense attorney can help those who have been charged with a Texas DWI offense limit their risk of a conviction and protect their rights.
