What is Maryland's Presumptive or Per Se Law

  Maryland's presumptive also known as per se law has to do with blowing a specific breath alcohol content into the machine at the police station.  As previously indicated,  in the old days,  law enforcement and the courts had to prove ones intoxication level by their outward impairment such as driving, walking and talking. This could be challenging in some cases as some people showed less impairment even under the effects of considerable alcohol. Even so, with the significant push to acquire as many convictions for alcohol driving as possible it became too lengthy of a process to try the overwhelming majority of cases based on our indicators of impairment. Hence, the government's shortcut known as per se legislation.

Now, law enforcement and the government is able to prove the elements of driving while under the influence merely based upon the breath alcohol number you provide when you blow into the machine. This process severely shortcuts the state's burden in these cases therefore making their job substantially easier than it once was. It also makes the defense of these cases substantially more difficult as the government has proven its prima facie case once he gets the breath alcohol or BAC number into evidence.

For the law firms that aggressively defend DUI cases, there are still some outlets to stop the state from getting blanket convictions in every case. Such as, forcing the antioxidant in your tester to appear in court to testify to the results that he obtained on the night of your arrest. In many cases simply demanding the presence of the breath attack can be beneficial to the DUI defendant because if the breath attack fails to appear for court, than the number can be excluded as evidence and now the state is back to proving the KC old-fashioned way which sometimes they are unable to do. This can have the advantageous effect of either lowering the charges that you may have to deal with, lowering your exposure to a problem with the court, or even winning your case as frequently happens in this circumstance.

So in summary, when you receive a handful of tickets all related to DUI charges and a few of them say "per se" the per se tickets that you receive are specifically speaking to the BAC number that you blew in the machine at the police station. If you elected not to blow at the station, there would be no "per se" charge against you. However in this case, you would face to enhance administrative penalties by the MVA who will gladly take action against your drivers license because you attempted to foil the system by refusing to blow in the machine. Additionally, the Maryland legislature has given judges and ability to take action against you for refusing to blow in court. Happily however most judges elect not to follow this law realizing that a defendant should not be coworkers or placed under duress to provide evidence against himself in court. Most judges realize this is against the United States and Maryland State Constitution. 
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