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

In Washington, a “per se” DWI (driving while impaired) and a “negligent” DWI refer to two different types of charges related to driving while impaired. The “per se” DWI is the more serious of the two offenses. This type of DWI is based on a person either having a blood alcohol content (BAC) of 0.08 or higher or any amount of illicit drugs in their system. In Washington, drivers are presumed to be impaired when their BAC is at or above 0.08. This means that the individual does not have to demonstrate any signs of impairment in order to be charged with a “per se” DWI. A “negligent” DWI is the less serious of the two offenses. This type of DWI is based on a person driving in a manner that is considered to be negligent or careless, or in a way that puts the public at risk. This means that an officer must observe signs of potential impairment such as erratic driving, slurred speech, or slow reflexes. It is up to the officer’s discretion to determine if the person is impaired due to alcohol or drugs. Both “per se” and “negligent” DWI charges can carry a wide range of penalties, including fines, jail time, license suspension, vehicle impoundment, and community service. It is important to contact a criminal defense attorney immediately if you are facing either of these charges.

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

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