DUI prosecutions generally involve one (or both) of two theories: either the accused was impaired in his or her driving ability as the result of consuming alcohol (or drugs, or both), or that the accused drove at a time when his or her blood alcohol level exceeded the legal limit (which is, at the time of this writing, .08 in all 50 states). The first theory focuses on the condition of the driver at the time of driving: was the driver impaired in his or her physical or mental faculties at the time they were behind the wheel. The second theory ignores the condition of the driver. The second theory, also called the “per se” theory, is concerned only with whether or not the blood alcohol level exceeds the legal limit, regardless of whether the driver was impaired at all.

To determine whether or not a driver was impaired, both the prosecutor and defense lawyer will concern themselves with the same aspects of the case, albeit from different angles. The critical areas of inquiry are driving pattern, field sobriety test performance, the driver’s physical appearance, and chemical test results (where they are available).

To beat a DUI case, a defense attorney will highlight where these factors (driving, physical appearance, FST performance, chemical test results) demonstrate a lack of impairment. For example, when a DUI suspect responds appropriately to the officer’s lights and siren, signals when they pull over, parks their car in a legal parking space, parks an appropriate distance from the curb, and doesn’t hit the curb, a DUI defense lawyer will accurately point out that there is no mental or physical impairment demonstrated in that driving pattern.

Find a Qualified DUI Defense Lawyer by calling TOLL FREE at 1.800.DUI.LAWS. for a FREE consultation about your DUI / DWI case. Save your license. Save your freedom. Call Today.