Anyone who consumes alcohol and has a driver’s license is potentially vulnerable to driving while intoxicated (DWI) prosecution. The state can bring charges against those who cause crashes and those who fail chemical tests during traffic stops.
Generally speaking, most motorists are held to the same standard regarding their sobriety and performance at the wheel. However, there are a few groups of people that have an increased risk of DWI charges based on blood alcohol concentration (BAC) violations.
Who may have an increased risk of a DWI charge brought based on their alcohol levels?
1. Underage drivers
Most drivers are on the road for years before they are old enough to legally consume alcohol. However, young people don’t necessarily wait to turn 21 to experiment with alcohol. In cases where police officers pull over underage drivers, they may face DWI charges for any detectable amount of alcohol under zero-tolerance rules.
2. Those with prior DWI convictions
In some cases, the state may impose an obligation to install an ignition interlock device (IID) in a vehicle after a DWI conviction. Motorists subject to IID requirements could be at risk of a DWI arrest or a failed IID test with a BAC of 0.02% or higher.
2. Commercial drivers
Professionals operating buses, semi-trucks and other commercial vehicles have to follow different laws than the average motorist. The BAC limit that applies to those driving commercial vehicles is stricter than the limit that applies to those driving passenger vehicles. A BAC of 0.04% can be enough to warrant prosecution.
Anyone accused of a DWI offense is at risk of financial penalties, driver’s license consequences and even incarceration. Developing a DWI defense strategy with a lawyer can help those accused of breaking the law work to avoid a costly and embarrassing criminal conviction.