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What does the "illegal per se" law prohibit?

  1. Operating a vehicle without a license

  2. Operating a vehicle under the influence of drugs/alcohol

  3. Driving with passengers under a certain age

  4. Operating a vehicle with a statutorily prohibited BAC

The correct answer is: Operating a vehicle with a statutorily prohibited BAC

The "illegal per se" law specifically makes it unlawful to operate a vehicle with a blood alcohol concentration (BAC) that exceeds the legally defined limit, regardless of whether the driver shows signs of impairment. This means that if an individual's BAC reaches or surpasses the established legal threshold, they can be charged with driving under the influence solely based on that measurement. In many jurisdictions, this threshold is typically set at 0.08% for adults. The concept behind "illegal per se" is that the level of alcohol in the bloodstream alone is a clear indication of impairment for the purposes of driving. It simplifies legal proceedings as it removes the need to demonstrate actual impairment or adverse driving behavior in court; the mere fact of exceeding the BAC limit is sufficient for prosecution. This law is aimed at promoting road safety and discouraging individuals from operating vehicles when their alcohol consumption has reached a level that is deemed unsafe for driving. Other options, while they pertain to various aspects of driving regulations, do not relate to the specific criteria established under "illegal per se" laws.