An operating while intoxicated (OWI) offense can carry a variety of serious consequences. Defendants are at risk of losing their driving privileges. The state can also incarcerate them and impose financial consequences.
Some motorists get arrested for OWI offenses after displaying significantly impaired ability at the wheel. Others may get arrested at the scene of a car crash, even if they didn’t technically cause the collision.
Occasionally, the people accused of OWI offenses face charges based on a technical violation of the law, rather than their driving ability. Those motorists may face accusations of per se OWI offenses.
What is a per se crime?
The law makes certain actions criminal regardless of other factors. A per se offense is an action that is criminal on its own merit, regardless of what consequences arise. The state imposes a per se limit on alcohol levels.
It is illegal to knowingly drive in a chemically impaired state. Anyone who recognizes that alcohol may have diminished their abilities should avoid getting behind the wheel. It is also a crime to drive with an elevated blood alcohol concentration. For most drivers, the legal limit is 0.08%. Drivers who are not old enough to legally drink, those recently convicted of an OWI and those operating commercial vehicles may be subject to stricter limits.
Anyone who failed the test could be at risk of a per se OWI charge regardless of how their alcohol consumption affected their driving. Thankfully, there are still ways to fight OWI charges when a driver faces accusations of a technical violation of the law. Learning more about state statutes can help people respond effectively to pending OWI charges.