DUI Per Se Explained

When someone operates a vehicle after drinking an alcoholic beverage, he may be charged with a DUI, or Driving Under the Influence, if it is found his blood alcohol content (BAC) is above the legal limit of 0.08%. He may also be charged with a DUI if he is found to be too impaired by the alcohol to drive even if his BAC is below the legal limit. This is determined by law enforcement officers using their own judgment and a field sobriety test, where they test the driver’s motor function skills and stability.

What Does the Term “Per Se” Mean in My DUI Charge?

In almost every state, a conviction for DUI is permissible in court based on a DUI per se prosecution. This means the breathalyzer test at the time of the arrest recorded your BAC to be above the legal limit and thus no other factors matter- you are automatically guilty of DUI.

• In order for the court to prosecute you on a per se DUI charge, the BAC of the driver must be known and recorded at the time of the arrest.
  
• If the charge is based on a field sobriety test alone, the defendant has a right to contest the DUI charge.
  
• In some cases, the defendant may be charged with both a DUI and a DUI Per Se for the same offense. This, in most cases, is done to ensure the prosecution a conviction on the DUI charge, based on either your obvious impairment, or if it can’t be proven, on the per se charge. 

Is there any Argument Against a Per Se DUI Charge?

In most cases, if a DUI charge has been filed on a Per Se basis, it is considered as such because either the offense was admitted or inherent. This means arguing a per se charge in any form of offense is extremely difficult. However, if the defendant can prove there is reason to believe either the reports of the BAC were altered at the time of arrest or that the calibration of the testing equipment rendered the results inaccurate, there is limited possibility of having a per se charge become arguable.

Getting Help

In any legal case where the defendant is charged with a crime, they have the legal right to defend or represent themselves in court. This, however, is almost never recommended, as a criminal lawyer is experienced in the courtroom procedures and has a much more complete knowledge of how to navigate a prosecution’s argument. One should always consider retaining a lawyer when involved with any kind of criminal charge.