The phrase “Per Se” is Latin. It means “by, of, or in itself or oneself or themselves.” In Maryland, a person can be found guilty of DUI Per See from a simple set of circumstances by of, or in itself. To be convicted of DUI Per Se the State must prove beyond a reasonable doubt, that the defendant was (1) was driving; and (2) submitted to a blood or breath test with a result of .08 or more at the time of the testing. Maryland Transportation Article §21-902(a)(1)(ii) outlines Maryland DUI Per Se law. Under this law the State is not required to prove that the defendant was in fact under the influence of alcohol–just that the defendant was driving and there is a test result of .08 or more.
In Maryland, an alcohol concentration of .08 or more creates a presumption that the defendant was driving under the influence per se. The maximum penalty for driving under the influence of alcohol per se under § 21-902 is one year in jail and/or a $1000 fine. The Maryland Motor Vehicle Administration can impose 12 points and revoke your driver’s license or privilege to drive in Maryland.
Although a DUI Per Se case may seem impossible to defeat, the truth is that a skilled Maryland DUI Defense Attorney can challenge reliability of the testing and the accuracy of the measurement of alcohol at the time of driving. In addition, there may be a viable defense related to the basis for the stop and other issues that an experienced attorney may challenge. Contact the Law Jonathan Y. Newton, LLC at 301-818-1529 today.
Maryland, like many other states, has a “two-tiered” drunk driving statute. The statute prohibits driving at a higher and a lower degree of impairment. Driving Under the Influence (DUI) is the more serious offense and is outlined under Maryland Transportation Article § 21-902 (a)(1)(i). DUI is a misdeamenor and carries a maximum penalty of up to one year in jail and/or a $1000 fine for first time offenders. In addition, the Maryland Motor Vehicle Administration (MVA) can assess 12 points and revoke your driver’s license or privilege to drive in Maryland if you are convicted of DUI.
The less serious offense is Driving While Impaired (DWI). Maryland’s DWI statute is codified under Maryland Transportation Article § 21-902 (b). DWI is also considered a misdemeanor and carries a maximum penalty of up to 60 days in jail and/or a $500 fine. The MVA can assess 8 points and suspend your driver’s license or driving privilege. It’s important to know that for second or subsequent violations of DUI or DWI, the maximum penalties increase.
While DUI and DWI are classified as misdemeanors the effect of a conviction can create a bevy of additional consequences in your life. If you are convicted of DUI or DWI you could face consequences related to your military career, immigration status, security clearance, commercial driver’s license, pilot’s license or professioanl license. If you have been arrested for DUI or DWI you should consult with a Maryland DUI Defense attorney now to learn your options and next steps.