Driving while intoxicated (DWI) offenses are sometimes the result of collisions. Police officers frequently conduct chemical testing after crashes and may arrest drivers who fail the tests. However, quite a few DWI charges follow traffic stops rather than collisions.
Drivers do not have to cause harm to others to be at risk of a DWI charge. Also known as driving under the influence (DUI) offenses in other jurisdictions, DWI offenses can carry very serious penalties. The driver accused of intoxication at the wheel could face jail time and fines. Driver’s license suspensions are another common consequence.
Many people accused of DWI offenses hope to avoid convictions. Can drivers prove that they have a high alcohol tolerance or that their driving was normal as part of a DWI defense strategy?
The law is broader than people realize
The name of DWI offenses can leave people with the wrong ideas. Some motorists expect to fight their charges by proving that they have a better alcohol tolerance than most people or by questioning whether their prior drinking had any significant impact on their driving capabilities.
What these people fail to consider is that state law prohibits more than just driving in an intoxicated state. The law forbids driving when a motorist knows that alcohol or another substance has affected their abilities. However, drivers do not have to display compromised skill for a DWI charge to be possible.
State statutes also include a per se rule regarding blood alcohol concentration (BAC). It is a criminal act to drive with chemically altered abilities. It is also a crime to drive with an elevated BAC regardless of how alcohol levels affect a driver’s capabilities.
A per se offense is an action that is a crime on its own merit, regardless of other factors. In a DWI case, being over the legal BAC limit is justification for prosecution regardless of how a driver performed at the wheel.
Each case requires a different strategy
Proving that a driver tolerates alcohol better than others usually isn’t a component of a viable criminal defense strategy. However, there are an assortment of different strategies that can work in DWI cases. Motorists may need help looking at the case against them to establish the best response to their pending charges.
Fighting back against DWI charges can be a lengthy process. Drivers who understand the basic standards that apply and who have support may have a better chance of avoiding a criminal conviction than those who try to navigate this complex process alone.