Driving while impaired (DWI) charges can result in a number of consequences. The driver accused may face misdemeanor charges unless there are aggravating factors in play. Repeat offenses or harm caused to others could potentially trigger felony prosecution for a DWI offense.
In some cases, state authorities may have clear evidence of a person driving poorly to support DWI charges. Other times, motorists may face per se DWI charges, which are different from charges related to crashes or demonstrably poor driving.
What constitutes a per se crime?
A per se offense is behavior that violates the law regardless of other factors. In a DWI case, a motorist does not actually have to display compromised driving capabilities to face prosecution. Simply being over the legal limit imposed on a driver’s blood alcohol concentration (BAC) could justify a DWI charge.
The charges and criminal penalties are the same regardless of whether police officers spot someone swerving all over the road or record test results showing that they have an elevated BAC during a traffic stop.
Those hoping to fight DWI charges have to develop a defense strategy based on the unique circumstances. Certain details, such as whether the driver has a prior conviction, their medical state and even the maintenance records for the device used to test their BAC, could all influence what strategy could be useful. Each case requires a unique approach to maximize the potential for success.
Reviewing what led to a per se DWI charge with a skilled legal team could help a driver select the best defense strategy possible. With the right approach, it may be possible to avoid a DWI conviction.