What Is the Per Se Law for Drunk Driving in Maryland?

When you are accused of drunk driving, you might come across the term "pro se" at some point during your case. It is important that you understand what that means and how it pertains to a drunk driving case.

What is the per se limit in Maryland?

In Maryland, the per se BAC limit is .08 percent. This means that anyone who has a BAC of at least .08 percent can be charged with drunk driving even if the person isn't showing any other signs of intoxication or impairment. This takes away the need for law enforcement officers to do field sobriety tests and other tests if the person has a BAC that meets the per se requirement.

Is it possible to fight a drunk driving charge based on the per se law?

Just because a person registers at least .08 percent for one's BAC doesn't mean that he or she can't fight the charges. It is often possible to find ways to call the validity of the test into question. This might be because the officer wasn't properly trained, the equipment wasn't calibrated properly, or the test wasn't performed properly. Other defense strategies might also exist, such as calling the validity of the traffic stop into question.

When you are facing a DUI charge, the penalties you face are serious. Those serious penalties mean that you need to build a defense right away. The last thing most people need is to have a DUI conviction on their record since that might make it hard to find employment or a rental home.

Source: FindLaw, "Per Se DUI Laws," accessed Oct. 22, 2015

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