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Question: What does per se mean in Texas?

Answer: The per se law with regard to DWI establishes that if an individual is shown to have a blood alcohol concentration at or above 0.08%, the person will be presumed to be intoxicated. However, that is a rebuttable presumption. Just because the person has a breath or blood alcohol content of 0.08%, it doesn’t mean the case is over; it doesn’t mean that the person automatically has to plead guilty. They still have to prove all of the elements, whether it’s breath or blood or a total refusal where a person doesn’t give either.

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