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How do per se laws affect DUI arrests?

On Behalf of | Aug 3, 2015 | Criminal Defense, DWI/DUI |

It is a fact that some people can hold their liquor better than others. You might be able to down a number of drinks and maintain your equilibrium while your best friend is swinging from the chandelier after a single beer. So you may believe that your tolerance for alcohol will make it less likely that you will be charged with drunk driving if you are ever stopped by the police.

But in actuality, your behavior is not the deciding factor in whether or not you will be charged with drunk driving. This is because so-called “per se” laws set the standard for DUI charges.

The per se legal blood-alcohol concentration limit in all states, including Louisiana, is 0.08 percent. If you are tested and the test indicates your BAC is 0.08 percent or greater, you are above the per se limit. This is significant because once your BAC is established as being over the per se limit, you are automatically presumed impaired and subject to all possible legal ramifications of DUI charges.

DUI penalties can include jail time, fines and license suspension. The severity of the penalties increases with each accrued charge. As such, if you ever receive a DUI, it may be in your best interests to form a strong defense to present to the court.

Fortunately, there are defense strategies that may prove effective. For example, if the police used a Breathalyzer to get your BAC level, you may be able to prove the reading was inaccurate due to the machine being poorly maintained or incorrectly calibrated.

There are other possible strategies that may be employed, depending on the circumstances. An experienced Louisiana DUI attorney may be able to help you build a defense in an effort toward getting the charges dismissed.