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What is a per se DUI offense in Pennsylvania?

On Behalf of | Jan 15, 2025 | DUI Defense

Some people end up facing driving under the influence DUI charges because they harm others. Police officers investigating a crash may request chemical testing. They may decide to arrest anyone who fails the test after a crash.

Drivers can also end up arrested for DUI charges after a one-on-one traffic stop. Frequently, DUI traffic stops begin with concern of chemical intoxication. Drivers can display compromised ability to safely operate a motor vehicle, leading to a traffic stop.

Others might get pulled over for another issue only to end up arrested for a DUI offense. Those arrested in a one-on-one traffic stop scenario often face per se DUI charges. What is a per se offense?

The driver has an elevated alcohol level

In a per se DUI case, the main claim brought by the state is that the driver was over the legal limit for their blood alcohol concentration (BAC). Even in scenarios where officers did not witness impaired driving abilities, they can justify arresting an individual based on chemical test results alone.

The wording of Pennsylvania state statutes makes it a criminal offense to drive with an elevated BAC regardless of any other factors present at the time of the arrest. In other words, the state does not have to show that the elevated BAC impaired the driver’s ability. It is a crime in and of itself to drive while over the legal limit.

For most drivers who are old enough to legally drink, the BAC limit that applies is 0.08%. Most people demonstrate impaired abilities at that BAC. Even if a driver has a higher-than-average alcohol tolerance, being over the legal limit is a crime in its own right regardless of impaired ability.

Those facing per se DUI charges may have several different options as they seek to fight the allegations they face. Frequently, those facing per se DUI charges want to raise questions about the accuracy of test results or the legality of a traffic stop.

Understanding the rules that justify DUI charges can help motorists prepare effective defense strategies. Drivers who have support when responding to their charges may have a better chance of avoiding a criminal conviction that could otherwise affect their lives for years.

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