Defending DUI Per Se Charges in Baltimore County, Maryland

Have you been arrested and charged with DUI Per Se in Towson, Maryland or elsewhere in Baltimore County? You’re facing serious charges that can result in severe penalties if convicted. When your future and freedom are on the line, you need an experienced Towson DUI Per Se defense lawyer fighting relentlessly to protect your rights.

At Shepard Law, we have over a decade of experience defending clients against DUI Per Se and other serious alcohol-related driving charges throughout Baltimore County. Our award-winning criminal defense attorney understands the stress you’re experiencing, and we’re here to provide the aggressive legal advocacy you need to get the best possible result in your case.

Understanding DUI Per Se in Maryland

Maryland law defines DUI Per Se as:

  1. Driving, operating, or moving a vehicle (or being in actual physical control of a vehicle)
  2. Having an alcohol blood level of 0.08 or more at the time of testing

It’s crucial to understand that DUI Per Se is distinct from standard DUI charges. With DUI Per Se, the prosecution doesn’t need to prove that you were visibly impaired or driving erratically. The test result alone is considered sufficient evidence of intoxication.

However, a test result of 0.08 or higher doesn’t automatically guarantee a conviction. The prosecution must still prove all elements beyond a reasonable doubt, and there are numerous ways to challenge the accuracy and reliability of breath or blood alcohol tests.

The Science Behind BAC Testing and Potential Flaws

Blood Alcohol Concentration (BAC) tests, whether breath or blood, are not infallible. Several factors can lead to inaccurate results:

  1. Calibration errors in breath testing devices
  2. Improper administration of the test
  3. Medical conditions such as GERD or diabetes that can affect breath test results
  4. Recent use of mouthwash or other products containing alcohol
  5. The margin of error in testing equipment
  6. Time delay between driving and testing, which can lead to an inaccurate representation of BAC while driving

At Shepard Law, we thoroughly investigate all aspects of BAC testing in your case to identify potential flaws or inaccuracies.

Penalties for DUI Per Se in Maryland

A DUI Per Se conviction can result in severe consequences:

  • First Offense: Up to 1 year in jail, $1,000 fine
  • Second Offense: Up to 2 years in jail, $2,000 fine
  • Third Offense: Up to 3 years in jail, $3,000 fine

Additional penalties may include:

  • Mandatory alcohol education or treatment programs
  • Installation of an ignition interlock device
  • A permanent criminal record affecting employment and housing opportunities
  • Increased insurance premiums
  • Potential professional license consequences
  • Security clearance issues

How Shepard Law Can Help

As an experienced Baltimore County DUI attorney, Stephen P. Shepard knows how to effectively fight these serious allegations. Our defense strategies include:

  1. Challenging the Traffic Stop: We scrutinize the reason for the initial stop to ensure it was legally justified.
  2. Questioning BAC Test Accuracy: We investigate the testing procedures, equipment maintenance records, and the qualifications of testing personnel.
  3. Exploring Procedural Errors: Any deviation from proper protocol in administering tests or handling evidence can be grounds for challenging the charges.
  4. Investigating Medical Conditions: Certain health issues can affect BAC test results, and we explore these possibilities thoroughly.
  5. Negotiating Plea Deals: When appropriate, we work to secure reduced charges or alternative sentencing options.
  6. Presenting a Strong Trial Defense: If necessary, we’re prepared to take your case to trial and fight for an acquittal.
  7. Examining the Timeline: We carefully review the timeline of events to ensure that your BAC at the time of testing accurately reflects your BAC while driving.
  8. Challenging Officer Observations: We scrutinize and, when appropriate, challenge the arresting officer’s observations and testimony.

The prosecution’s case may not be as strong as they want you to believe. We’ll thoroughly investigate what happened to determine the best approach. Whether it’s negotiating a favorable plea deal to minimize penalties or taking the case to trial to prove your innocence, we’ll do what it takes to secure the most positive outcome possible.

Contact a Towson, Maryland DUI Per Se Defense Lawyer

Being charged with DUI Per Se is frightening and overwhelming. Your liberty, reputation, and entire way of life are at stake. You need a Towson DUI defense lawyer with the skill, experience, and dedication to take on these serious allegations and win.

With over a decade of experience in Baltimore County criminal courts, Stephen P. Shepard has built a reputation for his cutting-edge defense strategies and tireless pursuit of justice for his clients. He understands the devastation a DUI conviction can bring and will stop at nothing to help you avoid that fate.

You don’t have to face these serious charges alone. Contact the experienced DUI Per Se attorney at Shepard Law for a confidential, free consultation. Call (410) 648-4008 or complete our online form below to get started now. Together, let’s protect your freedom and future.

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  • Submission of this form or any contact with our office does not create or constitute an attorney-client relationship nor does it guarantee that legal services will be provided.  
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