Laws considered “per se” assume the individual is guilty of driving under the influence of alcohol, or DUI. However, they only presume guilt if the state can show that a person's blood alcohol concentration, or BAC, was 0.08 or higher. According to California law, it’s unlawful to operate a motor vehicle while under the influence of alcohol and/ or drugs.
It’s important to remember that an individual can be under the influence without being intoxicated.
Here’s the Problem with the Per Se Law in California
At first glance, the per se law looks logical. The prosecution need only show competent evidence that a driver’s BAC was higher than the legal limit. This evidence, if unchallenged, could mean that the state can obtain a conviction in the case. It makes sense because a person's BAC was a 0.08 percent or more, right?
That’s not always the case.
Some drivers may have a BAC of 0.08 percent or higher. However, they aren’t under the influence. Alcohol does influence individuals in different ways. One driver may feel the effects of alcohol, but only have a BAC of 0.05 percent. Another driver may have a high alcohol tolerance which keeps him from feeling intoxicated with a BAC higher than 0.08 percent.
How Inaccurate Chemical Testing Affects Per Se Laws
In a DUI investigation, chemical testing is often viewed as conclusive evidence of a driver being under the influence of alcohol. If a driver’s chemical tests indicate his BAC exceeds the legal DUI limit, the state can use the per se law to convict him. Typically, blood samples are the most accurate way of showing the alcohol content in an individual’s bloodstream. However, blood tests can’t accurate determine how the alcohol impairs—or not impairs—a person’s driving ability.
Generally speaking, urine and breath tests can be less accurate than blood tests. Many factors can actually create a false positive on a Breathalyzer test. For instance, a driver is more likely to have a higher BAC test if he or she used mouthwash or didn’t eat prior to the traffic stop.
Contact the Law Offices of Jonathan Franklin for Assistance with Your DUI
Have you been charged with DUI under California’s per se law? Contact the Law Offices of Jonathan Franklin immediately. There’s no such thing as a minor arrest despite what people may insist. Even a misdemeanor DUI charge in the state can have serious consequences for decades. Any criminal conviction on your record may seriously affect your life by limiting your opportunities for finding a good job. It’s important to remember a DUI arrest doesn’t necessarily mean a DUI conviction.
That’s why it’s vital to contact the Law Offices of Jonathan Franklin for an initial consultation. The consultation is free of charge. By going over the details as soon as possible, Jonathan Franklin can evaluate your case and talk to you about its possible defenses, as you work together to successfully resolve your matter.
