A failed roadside breath test can feel like a dead end. In fact, many drivers assume a positive result leaves them without recourse. But that is not true. This is why understanding your rights under California law gives you real options to defend your case.
What are per se charges?
A ‘per se’ charge means the law considers a specific measurement as conclusive evidence of guilt. In a driving under the influence (DUI) case, if your blood alcohol content (BAC) reaches a legal limit, you may face charges regardless of whether you appeared impaired. You do not even need to show signs of bad driving for a per se charge to apply. Thus, knowing this distinction is fundamental to understanding your defense options.
Six legal limits every California driver should know
California state law establishes six distinct limits that every driver should know. Hence, understanding each one helps you assess your legal exposure on the road. Here are six legal limits every driver should know:
- Standard drivers cannot operate a vehicle with a BAC of 0.08% or higher.
- Commercial vehicle drivers face a stricter limit of 0.04%.
- Officers can charge you for alcohol impairment even if your BAC is below 0.08%.
- The law prohibits driving while addicted to any substance.
- California law makes it illegal to drive while any substance, including prescription medications, impairs your ability to operate a vehicle.
- Driving under the combined influence of alcohol and a substance constitutes a separate violation.
Each of these limits carries distinct legal consequences, which is why every California driver should understand them.
Three ways to challenge per se DUI charges
Knowing the limits is important, but understanding your defense options is equally critical. A per se charge may appear straightforward, but the evidence behind it is not always as ironclad as it seems. This is why you can challenge the evidence against you in three key ways:
- Attack the validity of the traffic stop: If the officer lacked reasonable cause to initiate the stop, a court may suppress all evidence the officer gathered from that encounter.
- Challenge the breathalyzer results: Breathalyzer machines require strict calibration and maintenance and missing or expired service records can render test results unreliable.
- Cite a medical condition: Certain medical conditions can produce falsely elevated BAC readings, which your attorney can use to question the integrity of the test.
These strategies demonstrate that a per se charge is not the final word. With the right legal support, you have real options to fight back.
Know your rights and protect yourself
A per se charge can feel overwhelming, but it does not have to define your outcome. California law is nuanced and the specific circumstances of your situation carry more weight than you may realize. The more you understand your rights and the rules of the road, the better you position yourself to make informed decisions about your next steps.