Will you see more police on the road at this time of year? It is likely. The holidays are a popular time for overindulgence. Police will be on high alert for those they suspect are driving under the influence.
Alabama law states you cannot drive or be in actual control of your vehicle if you are under the influence. There are several offenses that constitute being under the influence. This post will go over two of them.
Intoxication per se
One drunk driving offense in Alabama is DUI per se. Believe it or not, most people are already familiar with this offense. It means that if your blood alcohol concentration is 0.08 or more, you can be arrested for driving under the influence.
Per se means that it is presumed that you were intoxicated at the time of your arrest. Police do not need any further evidence of intoxication to place you under arrest if your BAC is 0.08 or above.
The per se level of intoxication is lower under certain circumstances. School bus drivers and those under age 21 are considered intoxicated per se if their BAC is 0.02 or greater. Drivers of commercial vehicles are considered intoxicated per se if their BAC is 0.04 or greater.
Under the influence
A second drunk driving offense is to be operating or in control of a vehicle while under the influence of alcohol. Your BAC level determines whether you are under the influence.
If your BAC is 0.05 or less, there is a presumption that you are not intoxicated.
If your BAC is greater than 0.05 but under 0.08, there is no presumption that you either were or were not intoxicated. This means there must be other evidence of your intoxication to provide probable cause for an arrest.
Watch for police this holiday season
It is likely you will see more police on the road this winter. You will want to make sure you do not give police any reason to suspect you have committed a criminal offense such as drunk driving. The best way to do so is to avoid driving after consuming an excessive amount of alcohol in the first place.
