For more information regarding your rights as a defendant if you have been charged with DUI, contact the Seattle DUI attorneys of the Cowan Kirk Law Firm at 1-866-822-1230.
The Effect of Per Se
As a result of the per se status of the law, a person tested for drunkenness after being pulled over may be arrested even if the quality of their driving was not in question. In addition, a per se law denies certain defenses that individuals can apply to lessen their sentence or remove the charges altogether. The following are some facts about per se DUI laws:
- Not knowing or recognizing intoxication is not a defense
- Not knowing the law regarding the legal limit is not a defense
- Acting intoxicated is not necessary for a DUI charge
- Injury or damages are not necessary for a DUI charge
Known as a “scienter” defense, those charged with DUI cannot argue ignorance of their own condition or ignorance of the standing drinking and driving laws as a legal defense. Instead, drivers are considered responsible for understanding their own level of intoxication before entering into the vehicle.
Per se DIU charges depend heavily upon the input of breathalyzer machines and blood tests. If you have been wrongly charged with a DUI due to an incorrect test result, contact the Seattle DUI attorneys of the Cowan Kirk Law Firm at 1-866-822-1230 today for more information about your legal rights.