Unconstitutional Per Se
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| M.A.D.D. and W.P.L. (Womyn's Prohibition League) |
MADD (Mothers Against Drunk Driving) struck a tremendous blow to the constitutional and the rights of every citizen of the united states when they got 48 states in the union to immediately pass an
illegal per se law in DUI cases. An illegal per se law makes it illegal in and of itself to drive with an alcohol concentration measured at or above the established legal level. Forty-eight states and the District of Columbia have established a per se law. The legal limit in most states is .08 blood alcohol concentration (BAC) per se. That means it is against the law to drive a motor vehicle if you have a BAC of .08 or more, without having to prove intoxication. So on its face the illegal per se laws are saying that once the prosecution presents evidence that you had a BAC of 0.08, you are
presumed guilty and a judge is then instructed at that point to tell the jury to declare you guilty, and you have to prove your innocence. The prosecution literally does not have to have a case.
