What Do They Mean By “Per Se” In A Criminal Charge?
Florida law allows for a conviction for DUI based solely upon a driver’s breath or blood alcohol content. This is called a “per se” or presumption of guilt regarding the offense. In a case involving a breath or blood alcohol content the defense may include a question of validity as to the result of the test. This means that the defense may rebut the presumption of guilt based on the driver’s breath or blood alcohol content, by arguing that the instrument/machine was not working properly, was not properly maintained, and/or the required procedures for administering the test were not followed at the time.
