In New York, a DWI “per se” (Driving While Intoxicated per se) refers to a specific type of drunk driving offense. “Per se” means “in itself” or “by itself,” and in the context of DWI laws, it means that a person can be charged with DWI solely based on the results of a chemical test that measures their blood alcohol concentration (BAC).
In New York, it is against the law for a person to operate a motor vehicle with a BAC of 0.08% or above. If a chemical test, such as a breathalyzer or blood test, shows that a person’s BAC is at or above this legal limit, they can be charged with DWI per se, even if there is no other evidence of impaired driving behavior. This is because the law assumes that a BAC at or above 0.08% impairs a person’s ability to drive safely.
It’s important to note that in addition to DWI per se, New York also has other DWI-related offenses, such as DWI based on observable impairment, DWAI (Driving While Ability Impaired) by alcohol, and DWAI by drugs. Penalties for DWI convictions in New York can include fines, license suspension, mandatory alcohol education programs, and even jail time, depending on the circumstances and the number of prior offenses.
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