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Facing a DWI or DUI? Fight back against the charges

A DWI or DUI can be a significant charge that has a lasting impact on your life. Even if you are not convicted in the end, the impact of the charges could result in changes in your social circle, result in termination from your job or other unforeseen consequences.

A DWI or DUI are essentially the same thing. In both cases, a conviction proves that you were too intoxicated to drive. Driving under the influence or driving while intoxicated are both against the law, with a per se limit of .08%.

What is a per se limit?

The term "per se" refers to the fact that the authorities need no further evidence to arrest you and have you charged for a DUI or DWI if you meet certain requirements. In most states, the per se limit for alcohol intoxication is .08%. At .08%, it is assumed that a driver is too intoxicated to be behind the wheel, so they will be arrested and taken off the road.

Can you face a DUI or DWI if you have a blood alcohol content under .08%?

Yes, which is what some people are surprised about, since most assume their BAC has to be .08% for an arrest. While the per se limit allows for an arrest and charges, having a BAC below .08% doesn't mean you're completely off the hook. Someone with a BAC of .04%, for example, might face charges if they also fail all roadside sobriety tests and are clearly impaired. The authorities consider additional factors, such as drug use, when speaking with impaired drivers. The reality is that drug use doesn't show up on a Breathalyzer test, so the officers have to use their judgment to determine if a driver is too intoxicated to drive.

What should you do if you face a DUI or DWI charge?

If you are stopped due to alleged impairment and want to fight the charges, you should reach out to your attorney to discuss your case. There are literally dozens of reasons why someone might fail a Breathalyzer test or field sobriety tests, even if they're sober. From medical conditions to side effects from common medications that were unexpected, there could be explanations for your alleged impairment that explain away a DUI or DWI.

Your attorney will help you prepare a case and defense, so that you have the best chance of having the DUI or DWI charges dropped, dismissed or reduced.

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