In DUI cases, per se laws establish that an individual is intoxicated once they are proven to have a blood alcohol concentration (BAC) of .08 or greater. In these circumstances, no other evidence of impairment needs to be demonstrated. To that end, it is important for drinkers to realize that BAC, and not their perception of sobriety, is what matters. However, an Attorney For DUI in Newton KS can challenge various aspects of cases, from test result validity to the procedures used. Below is a brief list of possible DUI defenses.
Per Se Laws And Drugs
The limits set forth by per se laws don’t address driving while under the influence of drugs, but states are beginning to pass laws addressing the issue. States such as Illinois, Georgia, Michigan, Ohio and Virginia establish a specific limit for the presence of drugs while others have zero tolerance rules. In addition to challenges raised in DUI matters, prosecutors must prove that a prohibited substance is in a defendant’s body. While there’s only one form of alcohol, analysis for drugs can be more complex.
Zero Tolerance Rules For Underage Drivers
Per se laws are strict enough, but the rules are even tougher for underage drivers. Motorists under the legal drinking age (typically 21) often face laws that make it illegal to test positive for even the slightest amount of alcohol in the bloodstream. The reasoning behind zero tolerance rule is simple: it is illegal for anyone under 21 to drink alcohol, and any amount in the driver’s system is punishable. These offenses result in varying degrees of punishment, but most underage DUI offenders lose their driving privileges.
Hire an Experienced Attorney if Facing DUI Charges
If a person is arrested for driving under the influence of alcohol or drugs, they should consult a DUI attorney. A lawyer who defends DUI cases will evaluate all evidence, including the procedures used and the results of any chemical or field sobriety tests, to ensure that the client’s legal rights are safeguarded. It is important for clients to speak with local lawyers because they know the jurisdiction’s laws. Rocky Wiechman Law offers free consultations, so an offender’s first move should be to call an Attorney For DUI in Newton KS.
