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Understanding what DUI “per se” is in Georgia

| Nov 8, 2021 | DUI

There are several kinds of driving under the influence (DUI) offenses that you could face here in Georgia. Among them is the “per se” DUI. This type of DUI is based on your blood alcohol content at the time of a Breathalyzer, urine or blood test. A per se charge is solely based on having too much alcohol in your blood.

With a per se DUI, the law is straightforward. If you have a blood alcohol content of .08% or higher, you’re assumed to be too intoxicated to drive and charged with a DUI per se. A DUI per se is also known as “driving with an unlawful alcohol concentration,” so if you are facing that charge, they are the same. 

Are there defenses to a DUI per se?

Yes, like with any kind of DUI, you do have a right to defend yourself. Some defenses may work in your favor. For example, you might be able to successfully argue that your blood alcohol content (BAC) was below .08% at the time of the traffic stop but rose by the time you had the test to check your blood alcohol content. You could defend yourself by pointing out errors in how the Breathalyzer test was given or by showing that the officer had no legal reason to pull you over. 

What should you do if you’re arrested for a DUI?

It is best to stay as quiet as possible during an arrest, so you don’t give the police additional evidence that supports the case. You should also avoid speaking to the police until after you’ve been informed of your legal rights. 

 

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