Per se DUI in Rhode Island means driving with a blood alcohol content at or above the legal limit (0.08 percent for drivers 21 and over). The per se rule lets the prosecution convict based solely on the BAC test result without needing to prove actual impairment of driving ability. Even if you were driving normally and showed no signs of impairment, a per se BAC at or above the threshold is sufficient for conviction. Defense in per se cases focuses on challenging the BAC test itself: breathalyzer calibration, blood test chain of custody, procedural compliance with implied consent, and timing of the test relative to driving.
