In New York, the term “per se limit” typically refers to the legal threshold or specific measurement that defines when a certain offense is committed. It is often associated with laws related to alcohol and drug use, particularly in cases involving impaired driving.
For example, in the context of drunk driving (DWI) laws, the per se limit refers to the specific blood alcohol concentration (BAC) level at or above which a person is automatically considered to be driving while intoxicated (DWI) based solely on their BAC, regardless of their actual impairment.
In New York, the per se limit for DWI is typically a BAC of 0.08%. If a person’s BAC is at or above this level, they can be charged with DWI even if there is no other evidence of impaired driving.
Similarly, in drug-related offenses, the per se limit might refer to the quantity or concentration of a specific controlled substance that, if possessed, is automatically considered illegal without the need to prove additional elements like intent to distribute.
Understanding the per se limit is crucial in various legal contexts, as it helps establish when a particular offense is committed, simplifying the process of determining whether an individual has violated the law. Different offenses may have different per se limits, and these limits can vary depending on the jurisdiction and the specific circumstances.
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