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Dui Per Se

There are two ways for law enforcement officials to make a DUI arrest: evidence that the driver is impaired by weaving or driving erratically, or evidence of DUI per se intoxication through a breathalyzer test showing a blood alcohol level of .08% or more. All states accept the "per se" evidence from a breathalyzer test as proof of intoxication. There is no other evidence required to arrest a DUI suspect. Both the evidence of impairment and the "per se" evidence of intoxication can stand alone as grounds for a DUI arrest. In order for the breathalyzer test results to be accepted in court, the equipment has to be calibrated and maintained by a licensed operator on a regular basis. A law enforcement official cannot administer the test until 15 minutes after the suspect has eaten, vomited, or put anything in their mouth. Not observing those specifications can result in a false reading.

Fast Facts

  • "Per se" intoxication for a person under 21 is between .00% and .02% in most states, and for a commercial truck driver, it is .04%.
  • Many experts believe the breathalyzer test is inaccurate nearly 25% of the time.

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  • Myths, Facts and Your Rights After a DUI/DWI in New Jersey

    There are many myths that exist about DWI and/or DUI matters in New Jersey. Knowing the correct facts, may not...
    • By: Brian Goldenfarb
    • Site: drunkdrivinglawyers.com
    • 1 of 1 user(s) found this useful
  • BAC Levels and DUI

    How do you know if you are
    • Site: lawfirms.com
  • DUI Laws and Penalties - All 50 States

    All U.S. states (minus Massachusetts) and the District of Columbia have per se laws defining it as a crime to ...
    • Site: drunkdrivinglawyers.com
    • 1 of 1 user(s) found this useful
  • Georgia DUI State Law

    Georgia DUI laws are complex. Hiring just any attorney to handle your case is not enough. Since the laws are c...
    • Site: drunkdrivinglawyers.com
  • Connecticut DUI State Law

    Connecticut DUI laws provide you with just 7 days to request a hearing. If you have been arrested under Connec...
    • Site: drunkdrivinglawyers.com
    • 1 of 1 user(s) found this useful

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