Your Voice In Life's Uncertain Times

What is per se DUI?

On Behalf of | Oct 2, 2023 | Blog, OWI |

According to the Centers for Disease Control and Prevention, from 2009 to 2018, there were 1,928 DUI deaths in Wisconsin. This is an ongoing issue that requires attention.

To combat drunk driving, Wisconsin uses per se DUI laws. Per se DUI laws aim to enhance road safety by clearly defining the maximum allowable blood alcohol concentration for drivers.

The BAC limit

The legal BAC limit for the per se DUI law in Wisconsin is 0.08%. If drivers’ BACs measure at or above 0.08%, the law says they are legally impaired. Prosecutors can charge them with a DUI offense and officers can place them under arrest.

The importance

The implementation of per se DUI laws simplifies the process of prosecuting drunk drivers by eliminating the need to prove impairment in court. Instead, law enforcement can rely on the concrete evidence of a high BAC reading from a breath analysis or blood test. This approach streamlines the legal process and ensures that drivers who exceed the established limit face consequences for their actions.

However, it is important to note that per se DUI laws do not seek to discourage responsible alcohol consumption or unfairly punish drivers with low levels of impairment. They target those who blatantly violate the legal BAC limit, putting themselves and others at risk on the road.

Per se DUI laws play a pivotal role in deterring and penalizing drunk driving. By setting a clear and unambiguous legal limit for blood alcohol concentration, these laws help protect the safety of all road users.



RSS Feed

FindLaw Network