Per Se DUI

Baltimore Per Se DUI Lawyer | The Law Office of Hillel Traub, P.A.

When facing per se DUI charges in Baltimore, Maryland, you need experienced legal representation to protect your driving privileges and future. The Law Office of Hillel Traub, P.A. provides aggressive defense for drivers charged with per se DUI offenses throughout Baltimore and surrounding areas. With over 20 years of experience as a former Attorney General for the Maryland Motor Vehicle Administration, attorney Hillel Traub understands both sides of the legal system and uses this knowledge to build strong defenses for his clients. For a free consultation, contact us online, or give us a call at 410-205-5603 today!

Understanding Per Se DUI Laws in Baltimore, Maryland

What Is Per Se DUI in Maryland?

Per se DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Under Maryland Transportation Article §21-902(a)(1)(ii), a person may not drive while "under the influence of alcohol per se." This means the state doesn't need to prove impairment—the BAC reading alone establishes the violation.

The key difference between per se DUI and traditional DUI is that per se charges rely solely on chemical test results. Whether you appeared impaired or not is irrelevant if your BAC meets or exceeds the legal threshold.

BAC Thresholds for Per Se DUI Charges

Maryland law establishes clear BAC limits for per se violations:

• Standard Per Se DUI: BAC of 0.08% or higher
• Enhanced Penalties: BAC of 0.15% or higher triggers increased sanctions
• Commercial Drivers: BAC of 0.04% or higher while operating commercial vehicles
• Underage Drivers: Any detectable alcohol for drivers under 21

Immediate Consequences of Per Se DUI Arrest in Baltimore

Administrative License Suspension

Upon arrest for per se DUI in Baltimore, police will confiscate your license and issue a temporary 45-day permit. The Maryland Motor Vehicle Administration (MVA) will then impose an administrative suspension based on your BAC level:

• BAC 0.08-0.14%: 180-day suspension
• BAC 0.15% or higher: 270-day suspension (first offense)
• Test Refusal: 270-day suspension (first refusal)

10-Day Hearing Request Deadline

You have only 10 days from your arrest to request an administrative hearing to challenge the license suspension. Missing this deadline means your suspension begins automatically on the 46th day after arrest. Requesting a hearing within 10 days extends your temporary driving privileges until the hearing date.

For a free consultation, contact us online, or give us a call at 410-205-5603 today!

Criminal Penalties for Baltimore Per Se DUI Convictions

First Offense Per Se DUI

• Up to 1 year imprisonment
• Fine up to $1,000
• License suspension 180-270 days
• 12 points on driving record
• Possible ignition interlock requirement

Second Offense Per Se DUI

• Up to 2 years imprisonment
• Mandatory minimum 5 days jail (if within 5 years of prior conviction)
• Fine up to $2,000
• License suspension up to 1 year
• Mandatory alcohol abuse assessment and treatment

Enhanced Penalties with Minor Passenger

Having a child under 16 in the vehicle doubles the potential penalties for per se DUI charges in Baltimore.

How The Law Office of Hillel Traub Defends Per Se DUI Cases

Challenging the Traffic Stop

Even with a valid BAC reading, we examine whether police had reasonable suspicion to initiate the traffic stop. If the stop lacked proper justification, evidence obtained may be suppressed.

Questioning Chemical Test Accuracy

Breathalyzer machines require regular calibration and proper maintenance. We investigate:

• Machine calibration records
• Officer training and certification
• Testing procedures and protocols
• Environmental factors affecting results

Rising Blood Alcohol Defense

Your BAC continues rising after drinking stops. If tested shortly after your last drink, your BAC at the time of driving may have been below 0.08%.

Medical Conditions and Medications

Certain medical conditions and medications can affect BAC readings or mimic signs of intoxication, potentially impacting your case.

Baltimore Court Locations for Per Se DUI Cases

Most per se DUI cases in Baltimore are heard at:

• Baltimore City District Court - Wabash
  5800 Wabash Avenue, Baltimore, MD 21215
  Phone: 410-878-8000
• Baltimore City District Court - Hargrove
  700 E. Patapsco Avenue, Baltimore, MD 21225
  Phone: 410-878-8300
• Baltimore County District Court - Towson
  120 E. Chesapeake Avenue, Towson, MD 21286
  Phone: 410-512-2000

Protecting Your Driving Privileges Through MVA Hearings

The Law Office of Hillel Traub represents clients at administrative hearings to challenge license suspensions. As a former MVA Attorney General, Hillel Traub understands the administrative process and can effectively argue for license retention or restricted driving privileges.

Maryland Ignition Interlock Program

For eligible drivers, Maryland's Ignition Interlock Program allows continued driving with a breath-testing device installed in your vehicle. Program participation periods vary:

• BAC 0.08-0.14%: 180 days minimum
• BAC 0.15% or higher: 1 year minimum
• Test refusal: 1 year minimum

Why Choose The Law Office of Hillel Traub for Baltimore Per Se DUI Defense

Former MVA Attorney General Experience

Attorney Hillel Traub's background as a former Attorney General for the Maryland Motor Vehicle Administration provides unique insights into how the state builds per se DUI cases and the administrative processes involved.

Local Baltimore Court Knowledge

With over 20 years practicing in Baltimore courts, we understand local procedures, prosecutors, and judges, which can be invaluable when negotiating plea agreements or presenting your case at trial.

Proven Track Record

Our firm has successfully defended numerous per se DUI cases in Baltimore, securing dismissals, reduced charges, and favorable plea agreements for our clients.

Comprehensive Defense Strategy

We handle both the criminal charges and administrative license proceedings, ensuring all aspects of your per se DUI case receive proper attention.

For a free consultation, contact us online, or give us a call at 410-205-5603 today!

Frequently Asked Questions About Baltimore Per Se DUI

Can I refuse a breathalyzer test in Maryland?

Yes, but refusal triggers automatic penalties under Maryland's implied consent law, including a 270-day license suspension for first refusal. However, refusal cases can sometimes be easier to defend since the prosecution lacks BAC evidence.

What's the difference between DUI and DWI in Maryland?

DUI applies when your BAC is 0.08% or higher, while DWI applies when your BAC is between 0.04% and 0.07%. Per se DUI specifically refers to cases based solely on BAC readings of 0.08% or higher.

Can I get a work permit with a per se DUI suspension?

Maryland may allow restricted licenses for essential travel, including work, depending on your case circumstances. Eligibility varies based on factors like BAC level and prior offenses.

How long does a per se DUI stay on my record?

A per se DUI conviction remains on your Maryland driving record permanently. Points from the violation stay on your record for two years, but the conviction itself never disappears.

Can per se DUI charges be reduced or dismissed?

Yes, with experienced legal representation, it's possible to challenge evidence, negotiate reduced charges, or even secure dismissal under certain circumstances. Each case depends on its specific facts and evidence.

What should I do immediately after a per se DUI arrest?

Contact an experienced DUI attorney immediately. You have only 10 days to request an administrative hearing to challenge your license suspension. Don't discuss your case with anyone except your attorney.

Contact Baltimore Per Se DUI Lawyer Hillel Traub

Don't let a per se DUI charge derail your future. The sooner you contact an experienced Baltimore per se DUI attorney, the better your chances of achieving a favorable outcome. Attorney Hillel Traub's unique background and extensive trial experience make him uniquely qualified to handle your per se DUI case.

Call 410-205-5603 for a free consultation or visit our contact page to schedule your appointment. The Law Office of Hillel Traub, P.A. is ready to put over two decades of traffic law experience to work defending your per se DUI case in Baltimore, Maryland.

Understand Your Options Before You Pay the Fine

Located at 1777 Reisterstown Road Suite 22W in Baltimore, The Law Office of Hillel Traub, P.A. serves clients throughout Baltimore City and surrounding areas including Towson, Catonsville, and Essex. With excellent client reviews and a proven track record of successful outcomes, we're committed to providing personalized attention and achieving positive results for clients facing per se DUI charges in Baltimore.

Call Now - 410-205-5603