People who regularly enjoy alcohol eventually develop a tolerance. Someone who may have felt the effects of a single drink when they first started drinking may now need to consume multiple beverages to experience the same sensations. This slow-growing tolerance may lead to a false sense of confidence when leaving a bar, restaurant or party.
People might assume that because they don’t feel intoxicated, they are safe to drive home. They may even feel like their driving is effectively the same after drinking. They may not swerve or display any other clear signs of intoxication at the wheel.
However, people never know when they might cause pads with police officers, get into a crash or encounter a checkpoint. Those subject to scrutiny by law enforcement professionals could potentially end up arrested for a driving under the influence (DUI) violation even if they didn’t display clear impairment at the wheel.
Being over the limit is illegal
The Oklahoma DUI statute includes rules limiting the blood alcohol concentration (BAC) of motorists. Specifically, most drivers cannot get behind the wheel once their BAC reaches 0.08%. There are lower limits that apply to those who are under the legal drinking age or in control of commercial vehicles, like buses.
It is illegal to drive while over the limit even if someone feels confident about their abilities. If police officers test someone and they are over the limit, the state can prosecute them for a DUI based on their BAC rather than their performance at the wheel.
Thankfully, those facing charges based on a technical violation of the law may have straightforward defense strategies available to them. In some cases, drivers could raise questions about the legality of a traffic stop.
Others might be able to propose an alternate explanation for their performance on a chemical test. An attorney who accesses police department records could also show that there have been issues with the history of maintenance or calibration for the testing unit used during the traffic stop.
Any of those tactics and several others could help a driver avoid a DUI conviction. Learning more about Oklahoma’s impaired driving statutes can be beneficial for those accused of driving after having too much to drink.