My 20-year-old son was arrested for a per se DUI. What does this mean?

This means that your son registered an alcohol concentration level of 2 percent or higher when tested, even if he did not exhibit any other sign of less-safe driving.

A more accurate definition of a “per se” DUI offense is driving with breath, blood or urine alcohol level beyond lawful limits. The prosecuting witness will not need to prove that one exhibited “less safe driving” nor an “under the influence” condition. One can simply be charged with a per se DUI offense by operating a motor vehicle while having unlawful alcohol concentration levels.

Legal Alcohol Concentration Limits

For persons 21 years old or over, an alcohol concentration reading of 0.08 grams or higher per 210 liters of breath or 100 ml. of blood is considered unlawful. This means that when anyone is asked to submit to alcohol level testing while driving, blood alcohol concentration or BAC results should be 0.079 or lower.

For persons under the age of 21, a 0.02 or higher alcohol concentration reading is considered unlawful and one can be arrested if a testing registers within these levels.

For persons apprehended while driving a commercial vehicle, an alcohol concentration reading of 0.04 or higher can warrant a per se DUI offense.

It is important to note that no other evidence or visible sign of inappropriate driving conduct or manifestation of impairment is needed for one to be charged with a per se DUI offense. However, the prosecutor will be required to tender the alcohol reading into evidence. For this reason, it is advisable for anyone charged with a per se DUI offense to engage the services of an experienced DUI lawyer to establish if such reading is admissible as evidence.