Search
866-630-2389
Roberts Law Group, PLLC
North Carolina Criminal Defense Attorneys
We FIGHT to Get Results SM
We FIGHT to Get Results SM

What's a 'per se' drunk driving law?

When a defendant is facing drunk driving charges, he or she will be bombarded with new vocabulary and unfamiliar legal terms along every stage of the process. One of these pieces of "legal jargon" is a way to refer to certain types of laws with the descriptor "per se." So, what is a "per se" DWI law, and what does it mean?

A per se DWI law basically states that if police gather evidence of a .08 percent blood alcohol content (BAC) or higher, then the allegedly drunk driver can immediately be charged, arrested and brought into jail. Basically, the per se law allows police to act on a specific piece of information without the need for further investigation. That said, a police officer who fails to perform a full investigation into a specific driver's true state of inebriation may be weakening any potential case to be brought against the defendant in the long run.

All U.S. states have per se DWI laws on the books. According to the per se laws in North Carolina, for example, a driver who blows a .08 percent BAC, or tests to have a .08 percent alcohol content in a blood test, will be accused of being intoxicated by the police. This, of course, is not to say that the defendant will be convicted. It just means that he or she will now face being arrested and charged of a crime.

It's important to note that just because a North Carolina is arrested and accused of DWI based on a per se interpretation, it doesn't mean that he or she will ultimately be convicted. Indeed, defendants may have various legal strategies at their disposal in order to defend against a DWI charge in court.

Client Reviews

Get Legal Help Now
Let Us Help You

Put our team of criminal defense lawyers on your side today. You are one phone call or email away from getting your questions answered by an experienced defense attorney.

Call now to set up a free consultation.

Fill out the form below for a Free Consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Nation's Top One Percent - National Association of Distinguished Counsel - NADC Top 100 Trial Lawyers - The National Trial Lawyers LC - Lead Counsel Rated BBB Accredited Business - Rating: A+ National College for DUI Defense - General Member Client Distinction Award Super Lawyers Avvo Rating 10.0 Superb - Top Attorney Criminal Defense

Call 866-630-2389 to schedule a free initial consultation.
Offices open weekdays 8am - 7pm, Saturdays 9am - 5pm