Per Se vs. Impairment DUI Charges

At the Law Office of Erin Bradley McAleer, we understand that navigating DUI charges can be complex and stressful. One crucial aspect of DUI cases is understanding the difference between per se DUI and impairment DUI charges. These two types of DUI charges are based on different criteria, and knowing how they work can significantly impact your defense strategy.

What Is a Per Se DUI?

A per se DUI charge is based on the straightforward legal standard of having a certain concentration of alcohol or drugs in your system. In Washington State, as in many other jurisdictions, you can be charged with a per se DUI if your blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, any detectable amount of alcohol can lead to a DUI charge.

  • Legal Limit: The primary criterion is whether your BAC exceeds the legal limit, or in states with zero tolerance laws, whether any detectable amount of drugs is present in your system.
  • No Need for Impairment Evidence: Unlike impairment-based DUI charges, prosecutors do not need to prove that you were actually impaired. The mere presence of a BAC over the legal limit or any amount of drugs in your system is sufficient for a conviction.
  • Example: Imagine you’re pulled over and a breathalyzer test reveals a BAC of 0.10%. Even if you appear sober and perform well on field sobriety tests, you could still be convicted of a per se DUI simply because your BAC exceeds the legal threshold.

What Is an Impairment DUI?

An impairment DUI charge is based on the actual effect that alcohol or drugs have on your driving abilities. Unlike per se DUI charges, which rely solely on measurable BAC or drug levels, impairment DUIs require proof that your ability to drive safely was affected.

  • Focus on Driving Behavior: The prosecution must demonstrate that your driving was impaired due to the substances you ingested. Evidence might include erratic driving, poor performance on field sobriety tests, slurred speech, or unusual behavior.
  • No Fixed BAC Threshold: There is no specific BAC or drug concentration level required for an impairment DUI. The focus is on how the substances have affected your mental or physical faculties.
  • State Variations: Different states have different standards for what constitutes impairment. For example, in Washington State, the impairment must be significant enough to affect your ability to drive safely, but the degree of impairment required for a conviction can vary.

In both per se and impairment DUI cases, Washington State’s implied consent laws require drivers to submit to chemical testing (breath or blood tests) if arrested. Refusing to take these tests can result in additional penalties, including license suspension and fines, and in some cases, can be charged as a separate offense.

How We Can Help

If you are facing a DUI charge, understanding these distinctions and how they affect your case is crucial. The Law Office of Erin Bradley McAleer is here to guide you through the legal process, whether you are dealing with a per se DUI and impairment DUI charges. Our experienced team will work to build a strong defense and help you navigate the complexities of your case.

Contact Us

For expert legal representation and personalized advice, contact the Law Office of Erin Bradley McAleer. We are committed to providing you with the support and guidance you need during this challenging time. Call (360) 334-6277 today to get the expert help you need.