Unfortunately, DUI laws are not based on whether or not an individual "feels" drunk. Some men may be able to hold alcohol well, and may need to consume a large amount of alcohol before feeling the effects. Others may only need to consume a small but of alcohol before they start feeling woozy and may not be able to drive at this point.

The government has put "per se" intoxication laws in place for this reason. These laws make it so that you do not actually have to feel as if you are drunk or high to be convicted of a DUI. Essentially, a person who "feels" perfectly sober but has a BAC level that is above 0.08% (if you are a legal adult driving a non-commercial vehicle) can still be charged with a DUI. As well, a commercial driver who "feels" fine but has a BAC over 0.04% can be arrested for a DUI.

Any minors under the age of 21 can be arrested for a DUI even if they have as little as a 0.01% BAC level. At this point, chances are that the individual would not feel the effects of the alcohol at all, but he or she can still be prosecuted. The "per se" intoxication laws have a direct effect on those that may have been arrested for smoking marijuana. Marijuana can linger in the system for days after it is smoked, long after the effects of the drug have dissipated. This means an individual can be charged for a DUI of drugs when he or she feels perfectly normal with no effects of the drug still in his or her system.

If you don't "feel" drunk but your blood or breath test indicates otherwise, the first option is to challenge this test. There is a possibility that the breathalyzer used or the blood test that were taken were incorrect. Sometimes lab workers who take the blood samples can mix up vials or leave them on a counter without refrigeration for too long. This can affect your BAC level readings.

Also, if a police officer takes a breathalyzer test incorrectly, or uses a fault machine, then you will register a false BAC level. You will want an attorney to help you investigate the evidence and dispute these claims if you are certain that the levels are incorrect. Also, you may want to provide your attorney with a detailed account of what you drank the night of your arrest. If you are certain that you did not drink enough to register a 0.08% BAC then you will want to explain this. Obtain receipts from the location where you purchased your drink(s) and then present this in court.

If you don't feel drunk at all, it may be to your advantage to perform field sobriety tests to show your levelheadedness. These tests are optional, and you have every right to decline if you feel the need to do so. Yet the tests may work to your advantage if you can pass them with flying colors. Regardless of whether or not you felt drunk at the time of your arrest, you will want a DUI attorney on your case as you work through the situation.

With the right attorney on your side, you may be able to use a variety of evidences to contest your charges. If you are not able to obtain a case dismissal, you may at least be able to reduce your charges and avoid time in jail or high fines. You will also want a DUI lawyer to accompany you to your DMV hearing concerning your license revocation. Contact a local firm promptly to learn more!