People get arrested for driving under the influence (DUI) offenses for numerous reasons. Many times, a driver does something unusual or erratic on the road that draws the attention of police officers.
If someone swerves all over the road, crosses the center line or brakes erratically, that could make a police officer suspect impairment. The concerned police officer may stop the driver and conduct a series of tests to establish whether they are under the influence of alcohol or drugs. People often get arrested at the scene of collisions as well if they show signs of impairment and fail a chemical test.
In some scenarios, people can drive like any other normal motorist and still end up accused of a DUI offense. When do Indiana motorists need to worry about a DUI arrest even if their driving skills are up to par?
Technical infractions have the same consequences
The state can bring charges against someone who shows obvious impairment at the wheel regardless of whether they cause a crash or not. Police officers can also arrest anyone who is over the legal limit for their blood alcohol concentration (BAC).
In some cases, people who drive normally have an illegal amount of alcohol in their bloodstreams. A technical or per se violation occurs when someone has had too many drinks before driving. Under Indiana state statutes, once someone’s BAC reaches 0.08%, they are at risk of arrest and prosecution.
Certain drivers could end up arrested with a lower BAC than that. Anyone driving a commercial vehicle could be in violation of the law with a BAC of 0.04%. Zero-tolerance rule for teen drivers makes it illegal for them to operate a vehicle with a BAC of 0.02% or higher.
Prosecutors do not need to prove that someone had diminished ability at the wheel to convince the courts to convict someone of a DUI offense. However, it is possible in many cases for DUI defendants to raise questions about how accurate test results actually were, especially if their driving and behavior were normal.
Fighting DUI charges successfully requires an understanding of the law and what may have led the state to suspect that someone broke the law. Seeking personalized legal guidance is a good way to get started.