Many driving while impaired (DWI) charges are the result of demonstrably impaired driving capabilities. When people swerve, struggle to monitor their surroundings and drive in an erratic manner, police officers may recognize those as warning signs of intoxication. Other motorists may even contact local authorities to report their concerns about one person’s driving. Suspicions of intoxication also frequently arise after collisions.
The law clearly prohibits driving in a state of chemical intoxication. People with impaired ability should wait until they sober up or make alternate arrangements to get home. Sometimes, drivers who assume that they can drive home safely and legally end up arrested on the way.
Not every DWI case follows a collision or a driver performing poorly in traffic. Sometimes, people get arrested specifically because they failed chemical tests. In certain circumstances, state prosecutors do not need to prove impaired driving ability to successfully develop a DWI case.
High alcohol levels can justify DWI charges
The law clearly makes it a crime for people to knowingly get behind the wheel when alcohol or other substances have diminished their ability to drive. The law also prohibits driving with an elevated blood alcohol concentration (BAC).
It is a crime in its own right to operate a vehicle with a BAC of 0.08% or higher. Even if drivers feel like they are in control, a failed chemical test can be adequate justification for their prosecution. Those operating commercial vehicles are subject to a lower 0.04% limit, and drivers who are not old enough to legally drink could face charges. The zero-tolerance policy included in state law allows for prosecution when a teen or 20-year-old has a BAC as low as 0.01% in some cases.
Prosecutors do not need to show that a driver struggled to safely operate their vehicle if they have test results showing that their BAC was inappropriately high. That being said, if the state’s case relies on a single chemical test, there may be several effective DWI defense strategies available.
Reviewing factors that may have impacted chemical test results and the legality of a traffic stop with a skilled legal team could help people if they want to fight DWI charges. Questions about test accuracy or traffic stop legality often play an important role in a DWI criminal defense strategy.