Driving under the influence (DUI) laws in the United States widely incorporate two key concepts that every driver should understand: Per Se laws and Implied Consent laws. These laws are essential in regulating and reinforcing DUI penalties, helping ensure road safety across all states.
What are Per Se Laws?
Per Se DUI laws define legal impairment based solely on a driver’s Blood Alcohol Concentration (BAC). If a driver’s BAC is 0.08% or higher, given that the driver is older than 21, it is considered “per se” evidence of impairment. This means law enforcement does not need to prove that a driver’s abilities were impacted by alcohol or drugs; the BAC reading alone suffices as evidence.
Common BAC Standards
The state of Utah has a BAC limit of 0.05% for drivers who are 21 and older, and many states have either a 0.02% BAC limit or a zero-tolerance policy for those who are 21 and under. Many states also have stricter standards for commercial drivers (0.04%).
What is Implied Consent?
Implied Consent means that by holding a driver’s license, you inherently agree to submit to a BAC test if law enforcement reasonably suspects you of DUI. Refusing the test carries automatic penalties that can be much harsher than failing a BAC test. Refusals can also be used as a contention in court that could strengthen the prosecution’s case during a DUI trial. You can also get your license suspended, ranging from 6 months to a year, depending on the state. This penalty applies even if there is no DUI conviction, emphasizing states’ efforts to deter drivers from refusing chemical tests.
Take Action with Guardian Interlock
At Guardian Interlock, we help drivers take steps toward license reinstatement and compliance with state laws after a DUI-related offense. By installing an ignition interlock device (IID) through our program, you can regain driving privileges while ensuring the safety of yourself and others. These devices prevent a vehicle from starting if alcohol is detected on the driver’s breath, serving as a practical and responsible step forward.
Navigating the complications of Per Se and Implied Consent laws can be overwhelming. If you’re dealing with the consequences of a DUI, we can help you get back behind the wheel legally and safely.
Contact us to learn more about ignition interlock options and the requirements in your state.