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Which of the following is an example of a "per se offense"?

A. Becoming intoxicated over the legal limit and going straight to jail
B. Confiscating a driver's license for a period of time if the driver fails a chemical test
C. Exhibiting impairment indicators, such as weaving and slurred speech, with a BAC of 0.05
D. Requiring an ignition interlock device for first-time offenders

Answer :

Final answer:

A 'per se offense' in law refers to an act that is inherently illegal, regardless of the context. Therefore, the option 'Becoming intoxicated over the legal limit and going straight to jail' is an example of a per se offense, as it pertains to driving while having a BAC over the legal limit.

Explanation:

In the field of law, a 'per se offense' refers to an act that is intrinsically illegal or wrong, irrespective of the context or outcome. The term is often used in the context of driving under the influence or DUI laws. For instance, in many jurisdictions, it is considered a per se offense to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above. By this definition, the first option - 'Becoming intoxicated over the legal limit and going straight to jail' is an example of a 'per se offense'.

This implies that if a person's BAC is found to be over the legal limit, the person can be convicted of the offense, regardless of whether their driving was actually impaired or not. Other examples like confiscating a driver's license, exhibiting impairment indicators, or requiring an ignition interlock device, are not per se offenses, but penalties or evidences associated with dru.nk driving cases.

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