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

In Nebraska, a “per se” DWI is when a driver is found to have an unlawful amount of alcohol in their system, as determined by a blood-alcohol test. If the test indicates that someone has a blood-alcohol concentration (BAC) of .08 percent or higher, they can be convicted of a “per se” DWI. In other words, the prosecution doesn’t need to prove that the person was actually impaired by the alcohol, just that they had an unlawful amount of alcohol in their system. A “negligent” DWI, on the other hand, requires proof of impairment by the alcohol. This means that the prosecution must prove that the driver’s mental and physical abilities were impaired due to alcohol, either through a field sobriety test or testimony from a law enforcement officer. Unlike a “per se” DWI, a “negligent” DWI requires actual evidence that the driver was impaired, not just that they had an unlawful amount of alcohol in their system.

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

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