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.

A Brief History of Drunk Driving in America

Alcohol induced injuries have always been a part of society, but the introduction of the automobile has presented unique issues that require a high level of knowledge and experience to navigate.

Originally, automobiles were fairly unregulated. Few people owned cars and as such it was not a high priority to have them under the thumb of law enforcement. 

As cars became more prevalent, it became obvious regulation was essential. In the 1930s, waves of regulation hit the automobile industry and laws were enacted to control the use of an automobile by individuals. 

Indiana became the first state to pass drunk driving legislation. They instituted a maximum blood alcohol content (BAC) of .15% which doubles the BAC limit today

This was truly revolutionary as it was the first legislation that said individuals need to be beneath a certain level of drunkenness to operate their vehicle.

Drunk Driving In the News

Drunk driving was not the stuff of front page news, but two high profile incidents were exceptions. The first was the death of Margaret Mitchell, the writer of Gone with the Wind. She was killed crossing the street by a driver who admitted to having had been drinking. 

Although, this was never proven to the standard we require today, colloquially it is considered the most infamous death attributed to drunk driving in the first half of the twentieth century. 

Next, and perhaps even more infamously Teddy Kennedy drove off a bridge on Chappaquiddick Island. This resulted in the death of May Jo Kopechne who died in the submerged car. It is widely speculated that Ted Kennedy, an alcoholic at the time, was drunk while driving the car. 

These infamous incidents shed light on the problem of drunk driving in America, but respectively each incident failed to gather enough steam to necessitate change.

Legislation that Changed How Drunk Driving Was Viewed

In 1968, The Department of Transportation published a study that found nearly half of the recorded auto fatalities in the United States were in part of entirely due to alcohol impaired motorists. However, by the 1970’s drunk driving incidents continued to be out of control and had reached a level of widespread cultural acceptance. 

The 1980’s brought about remarkable changes. Cari Lightner, a young girl, was killed in California by a drunk driver. This driver had recently been arrested for causing the death of another due to drunk driving.

Formation of Mothers Against Drunk Driving

Lightner’s mother began the group that would become known as Mothers Against Drunk Driving (MADD). After a lifetime movie about the incident, public support for the organization grew tremendously. MADD changed the way people viewed drunk driving. 

Early on, many thought drunk driving was just one of those things that happened. It was not encouraged, but it was not given the contemptuous treatment it receives today. MADD’s aggressive campaigning lead to nearly 700 new drunk driving laws nationwide and was instrumental in stigmatizing drunk driving. 

MADD has also been partly attributed with raising the drinking age to 21 while before them it was 18. This was a major shift in American culture. Despite, how controversial the age-raising was it seemed to work as soon The United States Experienced a drop in drunk driving deaths. These sentiments have been proven over and over again by countless scientific studies conducted by the Center for Disease Control, National Academy of Sciences and even the Insurance Institute for Highway Safety.

Measuring Drunk Driving

So, clearly the situation is better today than it used it used be. This is in large part due to the trailblazing work of activities and receptive legislators, but perhaps no greater improvement to the drunk driving dilemma exists then the invention of the breathalyzer. 

This tool has changed the game and become a instrumental for any police officer looking to keep the roads free of drunk driving. Back in the 1920’s, Dr. Emil Bogen conducted a landmark study showing that drunkenness could be measured by determining what is now known as blood alcohol content (BAC). 

Dr. Bogen’s invention held sulphuric acid and potassium dichromate in a bladder-like mechanism. After an individual breathed into the apparatus, the shades of color that would result from the chemical reaction would indicate how much alcohol had been introduced into the bladder. 

The invention was groundbreaking, but not practical as it lacked mobility and ease of use. This lead to an arms race of inventors who knew that there would be a tremendous market for a portable measure of drunkenness. These attempts were plagued by missteps and even steps backwards. 

These devices were subject to wide-ranging criticism by many who believed them to be inaccurate. Even in the scientific community, false-positives became a flashpoint of controversy for makers and distributors of any such tests.

Breathalyzer in Use Today

It was at this moment; the breathalyzer became popularized. Robert F. Borkstein, a police photographer, became enamored with such tests and sought to perfect them. It took Borkstein approximately seventeen years to invent, but it immediately revolutionized the field. 

It was lightweight and portable. As such, it could be used by a police officer patrolling their beat or watching the highways. Additionally, it was light years ahead of its competition in terms of usability. Untrained police officers could use the device easily as it was quite simple to operate. 

The breathalyzer became used all over the country in many different police departments. However, this does not mean controversy around the device abated. There was great resistance to the device especially from lawyers who felt it was “push- button justice” and many other who felt that a police officer was a better judge than any machine at detecting drunkenness. 

The above-mentioned Department of Transportation study came along and greatly reinforced the need for law enforcement to be equipped to handle and deter drunk driving. Over the next two decades, the breathalyzer test has become synonymous with protecting pedestrians and fellow drivers by ensuring drunk driving has no refuge in the United States.

Today things have changed a lot

Drunk driving laws are strictly enforced by police and can result in some hefty fines or even jail in severe cases. Such laws are responsible for saving many lives and thus are a welcome addition to American rule of law. 

It is important for you to know what the laws are in your jurisdiction. Nobody is perfect and if you are charged with drunk driving you should know what to do. At the Law Offices of Randolph Rice, we know the history of drunk driving legislation and the important place it holds in our society. 

We want the laws to be tough, but fair. So if you find yourself having been charged with a drunk driving offense, when you hire us you get knowledge and experience.

DUI Lawyer Baltimore Md - Maryland Drunk Driving & DWI Defense Attorney - Penalty for DUI

What is the Penalty for a DUI in Maryland?

If you are facing a DUI, DWI or drunk driving charge in Maryland, call the Baltimore MD DUI Lawyer G. Randolph Rice, Jr., at 410-288-2900 or email him directly for immediate help.

Maryland DUI Lawyer
G. Randolph Rice, Jr.
410-288-2900

Prior to entering private practice as a DUI & DWI defense attorney, Randolph Rice was a former Assistant State's Attorney.  He has handled thousands of DUI and DWI cases in Maryland.  He represents clients charged with DUI and DWI in the following counties and cities in Maryland:

• Baltimore County;
• Baltimore City;
• Harford County;
• Howard County;
• Anne Arundel County; and
• Ocean City, Maryland.

Penalties for a DUI Conviction in Maryland

Prior DUI and Receiving a PBJ

If you had a DUI or DWI conviction in the past 10 years, you are not eligible for another probation before judgment.

Maryland Criminal Procedure Code Ann. § 6-220 (2014)
§ 6-220. Probation before judgment

(d) Conditions under which probation before judgment prohibited.

Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for:
(1) a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article;

Maximum Sentence for First Maryland DUI or DWI

First DUI (21-902(a))

• Maximum Jail – Up to 1 Year
• Maximum Jail – Up to 2 Years (If Transporting Minor)
• Maximum License Suspension – 6 Months Minimum
• Maximum Fine - Up to $1,000
• Maximum Fine - Up to $2,000 (If Transporting Minor)

First DWI (21-902(b))

• Maximum Jail – Up to 2 Months
• Maximum Jail – Up to 6 Months (If Transporting Minor)
• Maximum License Suspension – 6 Months Minimum
• Maximum Fine - Up to $500
• Maximum Fine - Up to $1,000 (If Transporting Minor)

Call 410-288-2900 to speak with Maryland DUI Lawyer Randolph Rice. Mr. Rice will explain every step of a DUI/DWI in Maryland.  He will discuss the possible driver's license consequences and the potential for jail and how to fight your case in Court.

Make sure you a hire an experienced DUI Lawyer, call Randolph Rice, at 410-288-2900 for immediate legal help.

Do you need to find your case, click here for the Maryland Judiciary Case Search.  Enter your last name, first name and middle initial to find any active or closed cases in Maryland.