Drunk driving is a crime in every state, although the rules are slightly different in every jurisdiction. Many states refer to drunk driving as driving while intoxicated or driving while impaired (DWI) offenses. Other times, the law refers to drunk driving as a driving under the influence (DUI) offense.
Regardless of the language used, there are certain penalties that are standard in most states, including New York and Connecticut. People convicted of DUI or DWI offenses may serve time in jail or complete a sentence of probation. They frequently have to pay fines and court costs, and a driver’s license suspension is also likely.
Many drunk driving charges follow collisions or displays of obviously impaired ability as drivers swerve all over and behave erratically in traffic. Others may face per se DUI or DWI charges. How does the state work to prove a drunk driving case without evidence of poor driving?
Chemical tests support per se charges
A per se crime is an offense that violates the law regardless of secondary details. Under state statutes, driving with diminished ability is a crime. Driving with an elevated blood alcohol concentration (BAC) is also a crime.
Although there have been attempts to change the law to make it stricter, currently both Connecticut and New York have a 0.08% BAC limit in place. Chemical tests showing that a driver is over the limit are sufficient evidence for prosecution in many jurisdictions.
The prosecutor does not need to prove that the driver struggled to operate their vehicle. They only need to prove that the motorist had a BAC over the limit. Driving with an elevated BAC is a crime in and of itself, regardless of other details about the situation.
A per se charge may seem hopeless, but a driver may have several options available if they want to avoid a conviction. Perhaps the police officer did not have a justification for the traffic stop, making any evidence collected subject to challenges during the trial. Maybe there is a reasonable medical explanation for why a driver may have failed a breath test.
Reviewing a situation that led to a drunk driving arrest with a skilled legal team can help a motorist determine the best strategy for fighting their charges. Those facing DUI or DWI charges can potentially avoid convictions if they have strong legal support while responding to their charges.