Across the country every state has adopted what are known as per se laws, which are used to establish whether a person is deemed legally intoxicated. In West Virginia, if a person is found with a blood-alcohol concentration of .08 percent or higher, he or she will be charged with DUI. This means that no other signs of impairment are really needed in order for police officers to make a DUI arrest.
There are plenty of people who believe that they can hold their alcohol pretty well and do not feel that it will affect their judgment or ability to drive. Per se laws set a standard so that all drivers know that it is not about how they feel, but what their blood-alcohol concentration is that matters. So in a way, this law is meant to act as a deterrent for drunk driving.
This law also makes it somewhat easier for prosecuting attorneys to establish impairment in court. Breathalyzer and blood tests are believed to be quite accurate, so it is common for these test results to be used against the accused. Fortunately, it may be possible to argue against their accuracy.
Fighting DUI charges is never easy. However, questioning evidence, such as the results of blood-alcohol concentration tests, can help those accused of impaired driving as they fight these charges in a West Virginia criminal court. This can be done by reviewing police and lab reports, questioning the care and up-keep of testing equipment, looking for user error and presenting any other information that could support one's case.
Source: FindLaw, "Per Se DUI Laws", Accessed on Dec. 10. 2015