What Is A Per Se Dui Charge

Maryland’s driving under the influence (DUI) statutes make it illegal for drivers to operate vehicles in an impaired state. People who have had too much to drink might fall asleep at the wheel, swerve all over the road or make unpredictable decisions in traffic that lead to crashes.

However, many Maryland DUI cases do not involve allegations of impaired driving. Instead, they are per se charges based on the amount of alcohol that the driver previously consumed.

Driving over the limit is a crime

Maryland, like every other state, has a strict limit on a driver’s blood alcohol concentration (BAC) enshrined in state law. Any driver who is over the limit established in Maryland state statutes is at risk of DUI charges.

Like most other states, Maryland has a 0.08% BAC limit for adult drivers. Anyone who tests at or over the limit is at risk of charges, regardless of whether their impairment actually affected their driving. Underage drivers are subject to a zero-tolerance rule that imposes a 0.02% BAC limit, and commercial drivers are subject to a 0.04% limit when they operate buses, semi-trucks or other large vehicles.

If roadside chemical testing shows that a driver was over the limit, they are at risk of prosecution even if they did not demonstrate difficulty operating a vehicle safely. A per se charge may require a very specific defense strategy.

Reviewing arrest records and other documentation with a DUI defense attorney can help drivers develop a reasonable strategy for court. It is possible to avoid a conviction when facing a per se DUI with the right response in criminal court.