Per Se Laws Defined

Per se laws pertaining to driving while under the influence of alcohol establish the precedent that if an individual's blood alcohol concentration (BAC) is more than the legal limit, which in nearly every state is .08, he or she will be categorized as intoxicated and violating the law with no other evidence required. Simply put, a per se DUI law establishes that if a person is over .08 BAC, he/she is guilty of driving under the influence. No additional proof of drunken impairment needs to be provided when BAC levels exceed the state limit. Per Se DUI laws were passed due to an overwhelming amount of DUI cases and the danger drunk driving presents to other drivers, passengers, and pedestrians.

If you or someone you know has been arrested for driving under the influence of alcohol, please let us help. Contact a DUI Lawyer in your area today.

Pros and Cons of Per Se DUI Laws 

Since nearly every driver is impaired when imbibing alcoholic beverages up to or more than the .08 BAC limit, per se laws were enacted so as to prevent anyone from actively drinking before driving an automobile. Statistics show that accidents, collisions, and violating traffic laws and regulations increase drastically when driving with a BAC of .08 or above. However, statistics do not yet show or indicate that per se DUI laws have stopped drinking and driving.



Arguments against per se DUI laws suggest that such laws criminalizes social drinking and ignores issues such as drivers who drive with a higher BAC with no care to such laws. These laws make it easier to prosecute and penalize drunk drivers but does not necessarily stop destructive drinking and driving behaviors. Another pertinent argument presented by opposers of per se DUI laws goes: if current DUI and DWI laws are sufficient enough to not to stop drunk drivers, are further laws truly necessary or should other methods be used, like counseling and education, to stop drunk driving? 

Common penalties for violating DUI laws include:

  • Incarceration
  • Suspend and Revoked license
  • Fines
  • Community service
  • Drug and alcohol counseling
  • Court fees


Get Legal help

Have you been arrested for DUI? if so, get legal help. By locating an attorney experiences in DUI cases in your country. You will be taking the first steps into properly handling your legal problems. A lawyer can help gather evidence, interview potential witness, strategize a proper defense, and represent you in court. Please contact a DUI lawyer in your area today.

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