The rules about drunk driving are slightly different in every state. Even the name for the crime changes when crossing state lines. Many laws refer to drunk driving as driving under the influence (DUI) offenses. Some states call drunk driving offenses driving while impaired or driving while intoxicated (DWI) offenses.
Michigan has a slightly different term in its state statutes. Drunk driving is known as an operating while intoxicated (OWI) offense. Many OWI charges are the result of poor driving or possibly even car crashes caused by people who drank too much. Still, it is possible for drivers who feel and seem sober to face a per se OWI charge.
What does ‘per se’ mean?
“Per se” means by itself. A per se offense is a crime because of state law, regardless of any secondary factors or specific consequences. A driver accused of a per se OWI may not have demonstrated issues controlling a vehicle or obvious intoxication during interactions with law enforcement. However, they likely failed a chemical test.
The law makes it illegal to drive with an elevated blood alcohol concentration (BAC). A driver with a BAC of 0.08% or higher cannot legally drive, even if their skills remain roughly the same despite their alcohol consumption. Having an elevated blood alcohol level is adequate justification for prosecution regardless of any other factors. If the state doesn’t have evidence of altered driving capabilities, motorists may have several options available to them as they prepare to respond to their charges.
People facing per se OWI charges may need a different defense strategy than those accused of causing a crash or driving poorly. Reviewing the state’s case with a skilled legal team can help motorists develop a reasonable defense strategy accordingly.