There are some aspects of DUI law that make the charges and allegations brought against drivers significantly more difficult to defend against. In particular, states adopted a per se aspect to their existing DUI laws. According to this part of DUI law, a person can be charged with a DUI even if they are not displaying behavior associated with intoxication or have caused damages because of their drunkenness. In addition, certain legal defenses are not considered valid defense claims because of the nature of the law.
Known as scienter, there is a legal principle that normally permits a person accused of a crime or charged with negligence in a civil case to argue that they simply did not know what they were doing. This applies in two different interpretations that otherwise would form important defenses in criminal cases.
With the discounting of scienter in DUI defense, a driver may not argue that they were unaware of exactly how intoxicated they were. In some circumstances, an individual may be given drinks by their friends while at a bar, uncertain of the alcohol content of those drinks. Additionally, mixed drinks may not necessarily contain regular levels of alcohol, leaving many to roughly guess their actually degree of intoxication.
In addition to the defense of not knowing how intoxicated they are, drivers may not argue that they did not know the law. In most areas, a BAC of 0.08 percent is considered the legal limit. According to state laws, it is the responsibility of the driver o know the legal blood alcohol content limits.
For more information regarding your rights if you have been charged with a DUI, contact a DUI defense attorney. DUI charges largely rely on breathalyzer tests, which are not necessarily accurate.