In Maryland, what is DUI per se?

In Maryland, DUI per se simply means that the Defendant was given a breathalyzer test and had a B.A.C. (blood alcohol content) of .08 or above. Unless the accuracy of the reading is sucessfully challenged, a judge or jury could convict a Defendant solely on the basis of that reading. Therefore, even if the Defendant performed well on the SFT’s (standardized field sobriety tests), a .08 would be enough to convict him or her of DUI.

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