Maryland DUI Per Se Explained

What is Maryland DUI Per Se?

Many people are aware of DUIs and DWIs. These acronyms are so famous (or infamous) people who have never experienced either could probably tell you at a moment’s notice with little hesitation exactly what they mean.

However, if you are a Marylander you likely will not know that a third major impaired driving offense is on the books. 

A DUI per se charge has changed the way impaired driving is litigated in Maryland. Therefore, Marylanders should be aware of the ways DUI per se chargers differ from its brethren.

How a DUI Per Se Works for the State

The DUI per se law is an instrument of the state and is often utilized as a means of getting tough on impaired driving. Maryland is not the only state with these per se laws on the books and thus this discussion carries weight in many other places around the country, but this post is geared toward Marylanders. 

Primarily, what you should know about DUI per se laws is that they make it easier for the government to prevail on its claim that a certain individual has driven impaired. 

The per se legal mechanism is meant to deter the act of impaired driving by increasing the likelihood of repercussion for individuals who drive irresponsibly by categorically declaring all those above the legal limit of impairment to be in violation of the law.

What DUI Per Se Means for You

So, what does this look in real life? Well, normal DUI’s call for a tougher threshold of evidence. A normal DUI charge requires that the alcohol or drugs that have allegedly compromised a driver’s cognitive ability must be shown to have affected your mental or physical acumen. 

In other words, to make the case against a driver under a DUI charge, the state would have to show objective deficiencies in driver behavior or ability. 

This can be shown by a law enforcement agent having observed a vehicle swaying or being operated erratically in some fashion. 

This can also be shown by certain examinations when your vehicle has been stopped such as a field sobriety test or any displays of slurred speech. It is clear that the emphasis is on the driver and the quality of their driving.

DUI and BAC, What Does it All Mean?

The DUI per se charge switches the emphasis from driver/driving quality to a formulaic measurement of an individual’s blood alcohol content (BAC). If you are shown to have had a BAC that exceeds the .08%, you will likely be given a DUI per se charge. 

So, how is this different than a normal DUI? Well, if a driver is found to have a BAC that is higher than the legal limit, then that is the ball game. There is no need for the state to show that it had any effect on your driving, or that it impaired your speech, or that you failed a sobriety test. 

It is an easier process for the state because it relies on objectively measurable data, but it also sheers away the extra evidence required in a normal DUI proceeding.

More About BAC

Now you might be asking yourself, how is BAC measured. BAC is measured by a blood test that you will be submitted to upon reasonable suspicion of impaired driving. When you get your license, it is assumed that you have been put on notice that you will be required to submit to such a test if you are alleged to have driven impaired. 

Another test used to measure BAC, is a breath test. This often uses a breathing apparatus which contains chemicals that react to the level of alcohol in your system. Again, when you receive your license it is assumed that you have consented to such tests. 

This legal concept is called “implied consent.” Briefly, implied consent here means that the above tests are part of the agreement you make when being issued a driver’s license by the state. This means you will face consequences for refusing to take the test when requested to by a law enforcement officer. 

In Maryland, if you refuse to submit to either a breath test or a blood test, you can be given a fine and an immediate license suspension. The first refusal typically results in a 120-day suspension, but a second refusal often results in a year suspension.

The Process of a DUI Charge

If you ever have to face a DUI per se charge, then your experience will likely go something like this. DUI per se charges carry with them a unique proceeding along with the potentially criminal charges. These proceedings are overseen separately by the Motor Vehicle Association (MVA). 

They adjudicated by administrative law judges from the Office of Administrative Hearings. Unlike, in a potential criminal case, these adjudications will happen quickly and overwhelmingly result in the suspension on the accused’s license. This is regardless of what happens in any other parallel proceedings.

Proving a DUI in Court

Now these laws have not gone without their fair share of criticism in some legal and advocacy circles. Many believe that the amount of proof required in a normal DUI proceeding is what should be required to show and DUI per se charges are a shortcut meant to deter drunk driving, but really deprive accused drivers of fairness. 

These critics insist that actual effects on the driver and/ or their driving should have to be shown. Additionally, the critics believe that the field sobriety test, talking, and walking are necessary precursors to any proper impaired driving accusation. 

Advocates that support DUI per se laws believe that merely showing a person has a higher than allowed BAC is sufficient evidence to show wrongdoing. These laws are favored by those that seek to deter drunk driving by getting tough on those that commit such offences.

Finding a Maryland DUI Lawyer for Your Charges

At the Law Offices of Randolph Rice, we represent our clients zealously and with an appreciation for both sides of the debate. Whether charged with a DUI or a DUI per se, we know how to best represent your interest in the courtroom or any other proceedings imposed as a product of the state’s allegations. 

We have decades of legal experience at our firm and know how to navigate drunk driving offences. Come in today for a free consultation.