DUI Per Se in Oklahoma

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Question: What is DUI “per se” in Oklahoma?

Answer: DUI per se is, per se means that it is presumed. It is a term that means it is presumed that you are under the influence. For example, the .08 is the per se limit. At .08, you are presumed to be operating a motor vehicle while under the influence of alcohol. That is what we call a rebuttable presumption—in other words, if I can show, as your attorney, show that my client was not actually impaired even at a .10 level of alcohol concentration, then they should be found not guilty of driving under the influence. But the .08 or the per se limit that is in every state is the limit or the amount of alcohol in somebody’s blood system at which it is presumed they are driving or operating a motor vehicle under the influence.

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