What Is a “Per Se” DUI in California?
In California, a “per se” DUI occurs when you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This type of DUI relies solely on your BAC level, regardless of whether you show visible signs of impairment. Here’s what you need to know about “per se” DUIs and how they can impact you.
What Does “Per Se” Mean?
The term “per se” means “by itself” in Latin. A “per se” DUI is a charge based entirely on your BAC level, which is determined by a breath, blood, or urine test. Unlike other DUI charges that rely on evidence of impairment, a BAC of 0.08% or higher is enough to result in a conviction under the law.
How Do Law Enforcement Officers Measure BAC?
When a driver is pulled over for suspected DUI, officers use tests to determine BAC:
- Breath Test: A breathalyzer measures alcohol in your breath to estimate your BAC.
- Blood Test: Used if more precise results are needed, often conducted after an arrest.
- Urine Test: Rarely used but may be conducted in certain circumstances.
Important Details About “Per Se” DUIs
- No Signs of Impairment Needed: Even if you feel fine and are driving normally, a BAC of 0.08% or higher is enough to be charged.
- Commercial Drivers: The BAC limit is stricter—only 0.04% for drivers operating commercial vehicles.
- Underage Drivers: A BAC of 0.01% or higher can result in DUI charges for drivers under 21.
Get Legal Help for Your DUI Case
A “per se” DUI may seem straightforward, but the tests used to measure BAC are not always accurate. At Chris Cain Law, we understand how to challenge evidence and protect your rights. If you’re facing DUI charges in Monterey County, call us at (831) 296-0060 to schedule a consultation.