Per Se Law states it is illegal to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. While it is illegal to operate a motorized vehicle if a driver's consumption has mentally or physically impaired their ability to drive, under the Per Se Law the court will not consider the driver's ability to drive the vehicle safely. In fact, the only thing in question is the driver's blood alcohol concentration level as determine by a blood alcohol concentration test (BAC test) of the driver's blood, urine or breath.
Most states have implemented an immediate driver's license suspension if a driver either refuses or fails a blood alcohol concentration test (BAC test). This type of license suspension is called an "Administrative Per Se (APS)" or "on-the-spot" license suspension. If a driver's license is suspended they have an opportunity to appeal the administrative license suspension within a specified time period. The appeal of the license suspension does not ensure the suspension will be repealed, but it does give the driver an opportunity to challenge the suspension.
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