Per Se DUI Laws

One Law, Several Penalties
DUI “Per Se” and What It Means to You

Every day, people are arrested for drunk driving. However, this does not necessarily mean that every driver arrested for drunk driving is actually too intoxicated to safely operate a motor vehicle. Because of a federal DUI/DWI “per se” law, a driver may be arrested for drunk driving if their blood alcohol content (BAC) reaches the state’s legal limit of .08%. This percentage refers to an alcohol to blood ratio and several studies have found this number to be the limit that affects the average person’s ability to drive safely. So in short, you don’t have to be “drunk” to be arrested for drunk driving!

In some states, you can be arrested for DUI/DWI even if your BAC falls within the legal limit. This is known as a “less safe” DUI/DWI, and a driver can find themselves in this situation if they shown signs of being impaired. Combine a “per se” violation with a “less safe” offense, and you may find yourself in the back of a police car. This is when you have an amount of alcohol that’s considered excessive in your system and the officer observes that you’re showing signs of being drunk.

A driver may also be arrested for DUI/DWI “per se” with a BAC that is below .08% if they fall within a certain category. For instance in some states, commercial drivers who make a living by operating a motor vehicle may be found in violation of DUI/DWI “per se” with a BAC as low as .04%. Underage drivers, or those below the legal drinking age of 21, may also be found in violation of their state’s DUI/DWI “per se” law with a BAC as low .02%. This is because many states have “zero tolerance” laws, which make it illegal for underage drivers to operate a motor vehicle with any amount of alcohol in their system.

If you or someone you know has been arrested for DUI/DWI “per se” you must seek representation! An experienced DUI/DWI defense lawyer will be there to help protect your rights. Most importantly, the right attorney can help you fight for your future!

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