Understanding “Per Se” Laws

Many times, those who are pulled over on suspicion of drunk driving are noticed by police because of erratic driving. That is the situation most of us imagine when we think of being arrested for driving under the influence. It can be easy to believe that as long as we do not display signs of inebriation, we will be able to drive without a problem. However, “per se” laws allow officers to arrest drivers solely based on their blood alcohol content. “Per se” is a Latin phrase meaning “by itself.” Therefore, there do not need to be any signs of inebriation for you to be arrested and charged with a DWI.

How Per Se Laws Work

If you are arrested for a DWI without showing any signs of drunk driving but simply had a blood alcohol content or BAC of over .08, you may be prosecuted under per se laws. These laws allow officers and courts to arrest and prosecute you despite not showing any suspicious behaviors. Therefore, you may be stopped at a random checkpoint, or have caught an officer’s attention for something else, and end up being prosecuted for a DWI.

Although you have the right to refuse a Breathalyzer or other such BAC test, many areas have stiff penalties for refusing a BAC test, including:

• Fines
• Automatic license revocation

If you agree to a BAC test and are found to have a blood alcohol content above the legal limit, you can face the regular consequences of a DWI conviction, such as imprisonment or community service.

Contact Us

The San Antonio DWI defense lawyers of the Law Offices of Chris S. Barnett understand how difficult and frustrating it can be to face a DWI charge. We believe that no matter the circumstances of your arrest, you deserve the best legal representation possible. Call us today at 210-587-6464 to begin work on your DWI defense.