Many operating a vehicle while impaired (OWI) charges stem from dangerous behavior or difficult situations. If a police officer spots someone swerving all over the road, they may pull a driver over and question the driver. Anyone who fails tests or admits to being intoxicated could face arrest.
Police officers responding to the scene of a collision may also scrutinize the conduct of both drivers and may determine that one may have been under the influence. Most people understand that OWI charges are likely in cases where there is clear evidence of impaired driving.
However, some people end up accused of an OWI when there were no issues with their driving. The police officer who arrested the motorist may have initiated the traffic stop because of a minor issue, such as a failure to use a turn signal or a burnt-out brake light. The motorist may face allegations of a per se OWI offense. What is the difference between a per se OWI and a charge stemming from clearly impaired ability?
The law limits alcohol levels
The OWI statute makes it illegal for people to drive when they know that drugs or alcohol have affected their ability to control a motor vehicle. The law also makes it a crime to drive when a motorist has a particularly elevated blood alcohol concentration (BAC). The penalties and charges are the same regardless of whether the allegations result from poor driving or a high BAC.
Most drivers are subject to a 0.08 BAC limit. If a test shows that they are at or over that threshold, they can face arrest and prosecution. Underage drivers and those who operate commercial vehicles, such as 18-wheelers or school buses, are subject to stricter limits.
In a technical or per se OWI case, the state does not need to prove that a driver struggled to control their vehicle. Simply being over the legal limit is a sufficient reason for their prosecution. However, the state’s entire case may rely on one chemical test. In other words, there could be a straightforward defense strategy depending on the circumstances.
Reviewing the state’s evidence may help people plan an appropriate response to pending OWI charges. Drivers accused of being over the legal limits may be able to avoid a conviction with the right strategy and legal support.
