Some driving under the influence (DUI) cases are relatively clear. The motorist admits that they have had too much to drink or drove so poorly that there is little question about their impairment. Police officers frequently arrest those who cause vehicle collisions while under the influence. Poor driving can also be the reason for a targeted traffic stop.
In some cases, a driver’s intoxication was not apparent initially. A traffic stop may have begun for a completely separate issue, only for an officer to start suspecting that the driver may have had too much to drink. Motorists accused of having a high blood alcohol concentration (BAC) may face per se DUI charges in accordance with state statutes. Depending on the circumstances, there are three different chemical limits that might apply to a driver.
The lowest limit is for underage drivers
Teenage motorists and college-aged young adults who have not yet reached their 21st birthday cannot legally drink. They also have minimal experience driving, making them more vulnerable to impairment. When police officers conduct chemical tests on underage motorists, a BAC of 0.02% is enough to justify their prosecution.
A slightly higher limit applies to professional drivers
People who drive buses or semi-trucks have to obtain a special license. They must complete additional training and testing to become eligible for a commercial driver’s license (CDL). Those operating larger commercial vehicles are subject to stricter standards than those in passenger vehicles. A BAC of 0.04% might be enough to justify the prosecution of a driver in control of a commercial vehicle.
Adult drivers in their own vehicles have the highest limit
People who are old enough to drink operating their own vehicles are subject to the most generous BAC restrictions in the state. They are only at risk of technical or per se charges if they have a BAC of 0.08% or higher.
Those facing DUI charges on the basis of an elevated BAC have unique defense strategies available to them. Reviewing a situation leading to an arrest with a skilled legal team can help people find the best solution for pending DUI charges.
