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.