Per Se Limit

Per Se means “by itself,” “in itself,” or “intrinsically.” So, a “per se limit” is an alcohol concentration at which driving is unlawful based on the test result itself. In Arkansas, those limits are:  

• 0.08% for adults (Ark. Code Ann. § 5-65-103(a)(2)) 

• 0.02% for minors (Ark. Code Ann. § 5-65-303) 

• 0.04% for CDL holders (Ark. Code Ann. § 27-23-114) 

The prosecution does not also have to prove that the driver appeared impaired – they can simply show the BAC to the jury and call it a day.  

How Is Alcohol Concentration Measured? 

Arkansas law measures alcohol concentration as: 

• Grams of alcohol per 100 milliliters of blood; or 

• Grams of alcohol per 210 liters of breath. 

See Ark. Code Ann. § 5-65-204. 

Is 0.08 the Only Way to Prove DWI? 

No. Arkansas law provides two separate ways to establish DWI: 

1. The person operated or controlled a vehicle while “intoxicated”; or 

1. The person operated or controlled a vehicle with an alcohol concentration of 0.08 or higher. 

Therefore, a person may still be charged with DWI when the test result is below 0.08 if other evidence shows that alcohol, drugs, or a combination of substances substantially altered the person’s reactions, motor skills, or judgment. Ark. Code Ann. §§ 5-65-102(4) and 5-65-103(a). 

Do Different Drivers Have Different Limits? 

Certain drivers are subject to lower alcohol-concentration limits: 

• Commercial motor vehicle drivers: 0.04 or higher while operating a commercial motor vehicle. Ark. Code Ann. § 27-23-114 

• Drivers under 21: 0.02 but less than 0.08 may support an underage DUI charge. Ark. Code Ann. § 5-65-303 

A per se violation does not make the chemical test automatically conclusive. The defense may still examine the test’s accuracy, timing, administration, calibration, and admissibility.

Fact checked by Ludwig Law Firm Editorial Team