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Per Se Law

Definition - What does Per Se Law mean?

Per se law refers to the blood alcohol concentration (BAC) level of an individual at the time of driving being above the legally permissible limit (0.08%). This alone is viewed as enough proof that the individual is guilty of drunk driving. The prosecutor(s) doesn't need any additional proof of impairment to obtain a conviction against the individual.

Justipedia explains Per Se Law

Per se is a Latin word that means "by itself." Throughout all of the United States, driving a vehicle with a blood alcohol concentration (BAC) level of 0.08% is considered a crime. It is referred to as driving under the influence (DUI; it is also known as DWI). The per se law states that if the tests performed on an individual suspected of drunk driving, by a law enforcement officer, establish that the individual had a BAC level of 0.08% or higher, there is sufficient proof to establish the individual as guilty of DUI. According to per se law, the prosecutor(s) doesn't need to submit any additional proof of impairment to get a conviction against an individual.

This definition was written in the context of DUI

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