A Maryland Driving While Under the Influence of Alcohol Per Se charge means that you are accused of driving or exercising actual physical control over a vehicle and testing as .08 or above in a test of breath or blood afterward. It is one of Maryland’s three major drunk driving offenses, punishable by up to a year in jail and a $1000 fine for a first offense.
Unlike the other two Maryland drunk driving offenses, Driving While Under the Influence of Alcohol charge or a Driving While Impaired charge, the State does not have to prove that your coordination was reduced by alcohol to any degree. The test result of .08 or above is itself the crime. If you are convicted of Driving While Under the Influence of Alcohol Per Se, you will not receive additional punishment because you were also found to be convicted of Driving While Under the Influence or Driving While Impaired.
Just because you took a test, and were measured at .08 or above does not mean that you will be found guilty. The officers have to follow many rules and procedures for the test to actually be admissible in court. I can keep the test result from being admitted into evidence in many cases, making it impossible for the judge or jury to find you guilty of Driving While Under the Influence of Alcohol Per Se.
The Maryland MVA will attempt to take action against your license for a refusal or test result of .08 or above alone, usually before the court even has a chance to decide whether you committed a drunk driving crime. You will receive a notice of suspension after you are arrested and taken to the station indicating that your license will be suspended after 45 days if you do not request a hearing. The duration of the suspension depends on the amount of alcohol in your breath when you blow into the machine, and the number of prior offenses. The suspension for a first time blow of .08 or above is 180 days. A subsequent offense of blowing above .15 carries an initial suspension of 270 days. The suspension for a refusal is 270 days for a first offense, and two years for a subsequent offense. I can take steps to defend your license and avoid these penalties as your lawyer, but the initial filings need to be done very quickly, within days of your arrest.
Call (301) 556-8709 today so that we can get to work on your case.
