DUI attorney VA

What is DUI per se?

Any DUI attorney VA residents trust may discuss a term with you called DUI “per se.” This is a charge you may face if your Blood Alcohol Content (BAC) is over .08. If you are facing a DUI per se charge, you may also be charged with driving under the influence. The charges are separate, and you may have to go to court to defend both, which is why it may be helpful for you to hire a Virginia DUI attorney.

MADD and DUI Per Se

Mothers Against Drunk Driving (MADD) started a campaign in the 1980s to reform DUI laws. This resulted in the National Highway Traffic Safety Administration (NHTSA) stating that anyone with a Blood Alcohol Content of .08 or more would be considered under the influence without needing to prove poor driving or lack of capacity.

Because of this action, any DUI attorney VA residents turn to for information may tell you that almost all states prohibit individuals from operating a vehicle on a public road if you have a BAC of .08 or more. You may be charged with DUI per se even if the alcohol didn’t have any noticeable effect on your driving.

DUI per se is a standalone charge, but since it occurs if you have a Blood Alcohol Content of .08 or greater, being charged with this usually leads to being charged with driving under the influence (DUI). Your DUI attorney in VA may be able to help you examine the charges against you.

Driving Under the Influence

Since DUI per se may likely lead to a driving under the influence charge, it may be important to know what both charges are. Almost all states prohibit driving while under the influence of alcohol or some other drug.

In order to be convicted of a DUI, the opposing counsel must prove that you operated a vehicle and that while you were driving, your abilities were impaired to some degree. Your DUI attorney VA residents turn to may be able to tell you how both of these requirements may play out.

In most cases, a police officer or another witness seeing you drive is enough to prove you were operating the vehicle. In some states, you can even be charged if you are in the car with the engine off and the car keys in your pocket. That’s why it may be helpful for you to consult a DUI attorney VA residents trust to defend them.

Depending on the state where you live, the prosecution may have to prove that you were impaired and couldn’t drive as well as a sober driver in the same situation. Each state has their own requirements and degrees of impairment that are necessary to be charged with a DUI.

If you are facing a DUI per se and/or a DUI, you may want to seek legal representation to lessen the punishment you may face for your crime. The law firm of Frederick J. Brynn, P.C. may be able to help defend you if you have to go to court for a DUI charge. Contact the DUI attorney VA residents trust by calling (571) 364-6727 today.