What blood alcohol concentration (BAC) defines Intoxication Per Se?

Intoxication Per Se is a legal term used to indicate that an individual is considered impaired simply based on their blood alcohol concentration (BAC). In most jurisdictions, including many states in the U.S., a BAC of .08% is the threshold that defines legal intoxication for drivers. This means that if a person has a BAC at or above .08%, they are presumed to be impaired and can be charged with driving under the influence (DUI) regardless of their actual driving ability or behavior.

Understanding this legal standard is crucial for both law enforcement and individuals, as it establishes clear guidelines for what constitutes impaired driving. The choice of BAC at .08% reflects research and consensus regarding the level of alcohol impairment that can significantly affect a person's ability to operate a vehicle safely.