What is the difference between a “per se” DWI and a “negligent” DWI?

In California, the difference between a “per se” DWI and a “negligent” DWI is whether or not a person’s blood alcohol content (BAC) is above the legal limit while they are driving. In a “per se” DWI, a person’s BAC is over the legal limit, regardless of their actual driving abilities, making them guilty of the offense. On the other hand, in a “negligent” DWI, the person’s BAC is not above the legal limit, but their driving abilities are proven to be impaired due to their consumption of alcohol. Furthermore, this type of DWI requires proof of actual driving negligence or recklessness. For a “per se” DWI, a person may be charged if their BAC is higher than .08%. This charge is extremely serious and can result in possible jail time, fines, and an indefinite suspension of one’s driving privileges. On the other hand, for a “negligent” DWI, the person’s actual ability to drive needs to be proven. This can include swerving, speeding, not staying in the designated lane, and other driving errors that are caused by alcohol consumption. Overall, it is important to remember the difference between a “per se” and a “negligent” DWI in California. A “per se” DWI requires a BAC of .08% or higher, while a “negligent” DWI requires proof of impaired driving due to alcohol consumption. Violating either of these laws can have serious consequences, so it is vital to stay informed and know the risks of drinking and driving.

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What is the difference between a “per se” DWI and a “negligent” DWI?

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