What is a “Per Se” DUI in Mississippi?

Everyone’s response to alcohol is different, and the same amount of alcohol may cause varying degrees of intoxication based on a number of factors. For example, some individuals have the ability to drink excessive amounts of liquor while feeling virtually no effects. You may feel that your high alcohol tolerance allows you to drive a vehicle normally even after reaching the same level of intoxication that would completely disable an average person. However, Mississippi authorities do not really care about your alcohol tolerance. Regardless of your unique attributes, you will be charged with a “per se” DUI when you reach a certain level of intoxication. But what exactly is a “per se” DUI in Mississippi?


If you have been charged with a DUI in Mississippi, it is important to get in touch with a criminal defense attorney as soon as possible. We can help you build the best defense possible. We can also explain the details of Mississippi’s DUI laws so you can move forward with greater confidence.


“Per Se” DUI Laws Explained


The acronym “DUI” stands for “Driving Under the Influence.” This might lead to the assumption that you can only be charged with this offense if you are actually under the influence of alcohol while behind the wheel. Because of Mississippi’s “per se” DUI law, this is not the case. As long as you have a BAC (blood-alcohol content) of more than 0.08%, you will be charged with a DUI regardless of how visibly or behaviorally intoxicated you are. Even if you are speaking coherently and pass a roadside test with flying colors, the amount of alcohol in your bloodstream is enough to make you guilty.


Why Some People Have High Alcohol Tolerance


The fact that some people can behave and operate completely normally with a BAC of 0.08% is not just an urban legend. Scientists have been studying individuals with extremely high alcohol tolerances in order to determine what makes them so impervious to the effects of this intoxicating substance. Some researchers believe that the neurotransmission in the brain varies between people. In other words, some people just do not receive the “message”  in their brain that they should be acting intoxicated. Others believe that individuals may have slightly different enzymes that break down the alcohol.


Genetics also play a role, as certain ethnic groups have been shown to react differently to the same amounts of alcohol. Researchers have even discovered a “hangover” gene that theoretically allows people to drink as much as they want without ever feeling any intoxicating effects. In addition, it is important to note that alcoholics can develop an extremely high tolerance to alcohol over time. This can allow them to appear completely normal while being heavily intoxicated.


Enlist the Help of a Qualified Attorney Today


If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Although a “per se” DUI charge can be difficult to fight, there are a number of effective defense strategies available. You can also pursue lowered penalties if it is your first offense. Reach out and book your consultation today.

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