Legal Blood Alcohol Limits

Every state has a blood alcohol limit (BAL) beyond which it is illegal to operate a motor vehicle; in no state is it less than .08, although some states do have higher blood alcohol limits. Moreover, some states also have a time limit attached so that it is still a crime to have a blood alcohol level above a certain amount within a specified period of having driven.

The existence of legal blood alcohol limits means that you can be convicted of DUI or a related offense just on the basis of having a certain blood alcohol content (BAC) — even if you showed no impairment otherwise. This is often called “DUI per se” because you are considered to have been driving under the influence based on the evidence of the BAC; “per se” means that the evidence speaks for itself.

How can I challenge a charge of DUI per se?

The only way for you to escape a conviction if you had a BAC higher than the allowable minimum is to attack the veracity and/or methodology of the test that was administered to measure your BAC. Obviously this task would be better to undertake with an experienced DUI attorney at your side, so be sure to contact one as soon as possible.

What are the penalties for a DUI per se?

Usually you will face at least a license suspension, and for this process you should also consult a DUI attorney.

There is an administrative hearing procedure that must be followed if you want to have any hope of fighting the license suspension. Normally you have to request a hearing within a certain time frame after the suspension; the time frame varies by state (but is usually no more than 30 days), so be sure to talk to a DUI attorney as soon as possible if your license has been suspended.

For more information on blood alcohol limits in your state and how they affect you, contact an experienced DUI attorney in your area.