It has been held that the enforcement of a “per se” statute is not an unreasonable or unconstitutional exercise of police power. It has also been held that a “per se” statute does not violate the equal protection clause of the Constitution. Finally, the use of an implied consent law in conjunction with a “per se” statute has been upheld against a claim that the conclusiveness of the evidence of blood alcohol concentration violates a defendant’s privilege against self-incrimination.
Contact a specialized DUI-DWI attorney to learn your case options and how to fight the drunk or impaired charges against you. TeamDUI.com is available 24 hours per day, 7 days a week at 1-855-350-TEAM.
Copyright 2015. William C. Head. All Rights Reserved.