These field sobriety tests are used to determine probable cause in a DUI arrest. After this, the officer may ask the driver to take a chemical test. This will consist of testing the driver's breath, blood, or urine to determine the blood alcohol content, or BAC. This is the ratio of blood to alcohol in the driver's system.
In Georgia, it is illegal for a driver to operate a vehicle with a BAC of 0.08 percent or higher. If the driver's BAC is over this legal limit, he or she will be charged with "per se intoxication."
Even if the driver's motor or mental skills do not appear impaired, the driver could still be considered "per se" intoxicated if the officer believes there is probable cause or suspicion that the driver is under the influence of alcohol and/or drugs. It doesn't matter that the driver passed the field sobriety test - if his or her BAC is above the legal limit he or she will be placed under arrest for drinking and driving.
BASICALLY PER SE is simply having a blood alchol content over the state's legal limit, you don't have to exhibit signs of intoxication... the DUI is when you are impared and your driving shows it.
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