DUI Laws: Per se Intoxication
What are “Per Se” DUI Laws?
Per se DUI laws are necessary to preserve the safety of the roads and highways. Similarly, drivers under the age of 21 are subject to “zero tolerance” laws. These laws make it illegal for persons under the age of 21 to drive with any trace of alcohol in their blood, or with even negligible BAC levels.
Can a Person receive a DUI even if their BAC is lower than the Per Se Intoxication limit?
Thus, it is possible for a driver with BAC levels of less than .08 (for example, .06) to receive DUI charges, if their BAC levels are further supported by evidence of intoxication. Sometimes a person can be charged with two DUI counts for the same incident, one based on the alcohol-induced impairment and another based on the per se intoxication BAC readings.
Bear in mind that the main point per se intoxication laws are not actually the BAC levels but rather the individual’s ability to driver safely. Alcohol affects every person differently- some people are more sensitive to alcohol and can be subject to impaired driving at lower BAC levels.
What Factors are Considered in issuing Penalties for Per Se Intoxication?
- The driver’s history of DUI charges, if any
- Whether the DUI violation involved the severe injury or death of another person
- Whether the violation involved significant damage to property
- Whether the driver’s vehicle was being used for commercial purpose
- Whether the driver was of legal drinking age at the time of the DUI arrest
- Whether there was a child present in the driver’s car
Do I Need a DUI Lawyer for Per Se Intoxication violations?
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Last Modified: 01-28-2011 04:38 PM PST
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