Some driving under the influence (DUI) infractions in Kentucky are blatantly obvious. Consider a driver who swerves all over the road or drives at a speed far under the limit because they are clearly impaired by alcohol. They might cause a crash that produces serious physical injuries or property damage losses.
Other times, someone may drive like normal despite having a theoretically dangerous amount of alcohol in their bloodstream. State prosecutors can still bring per se DUI charges against individuals who may not have appeared drunk while driving.
What exactly is a per se DUI charge in Kentucky?
Per se infractions are technical violations
A per se statute is a law that makes something a crime in and of itself. In Kentucky, there is a per se limit on someone’s blood alcohol concentration (BAC) while in physical control of a vehicle. Anyone with a BAC over the limit could face prosecution regardless of how well they manage their vehicle.
For most drivers, the per se BAC limit is 0.08%. If the driver is in control of a commercial truck, that limit decreases to 0.04%. For underage drivers who cannot legally drink, a BAC of over 0.02% could be enough to justify their arrest and prosecution.
Anyone with a BAC over that limit for their type of license might be at risk of prosecution. However, there are viable defense strategies for those accused of breaking the per se law in Kentucky. For example, they could raise questions about the accuracy of the chemical test results or provide a medical explanation for the failed test. Reviewing the state’s case with an attorney can help people better respond to pending DUI charges.