Ringsmuth, Day & O’Halloran, PLLC - Fort Myers Criminal Defense
Former Prosecutors
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What are per se laws, and what do they mean for your DUI case?

In Florida, a drunk driving arrest can lead to penalties that will have a detrimental impact on your life for years to come. State laws regarding DUIs are strict, and you understand there is much at stake. If you are currently facing these serious charges, it is smart to learn more about the law and what you are up against. 

Understanding DUI laws can start with learning more about per se laws and what they mean for your predicament. Informing yourself on the laws that impact your case will allow you to more effectively confront the charges against you and pursue a beneficial outcome. Due to the serious nature of DUI cases, it could be helpful to seek guidance regarding the most appropriate approach to your defense strategy.

Per se laws and their effect on DUI cases

Per se laws state that when tests indicate that a person has a blood alcohol concentration of .08 percent, he or she meets the legal definition of being intoxicated. After that point, it is not necessary for there to be any more evidence gathered to prove intoxicated driving. Here is what that may mean for your case:

  • Even drivers who feel sober and capable of driving will face charges for intoxicated driving if they have a BAC of .08 percent or higher.
  • According to per se laws, a BAC over the legal limit is all that is required to meet the legal presumption of drunk driving, no matter how many drinks a person consumed.
  • These laws lessen the burden on police officers to administer an excessive amount of sobriety tests in the course of a DUI traffic stop.

This does not mean that it is not worthwhile to fight your DUI. Regardless of the tests administered and their results, you have the right to challenge the validity of these tests and the intoxicated driving charges against you.

Defending your future interests

Even if it is your first offense, the stakes are high. You could face financial penalties, loss of driving privileges and other consequences after a conviction. It can be helpful to learn how you can effectively protect your future interests, no matter the details of your individual case.

With a strong defense, you can fight to reduce the penalties you are facing. Whether it is your first DUI or you have previous convictions on your record, you do not have deal with these challenges by yourself.

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