Maryland DUI Law: Breath Tests and Legal Limits

by admin on August 3, 2010

The state of Maryland has some of the strictest DUI laws in the country. If you are convicted of a DUI, the consequences are severe, often impacting many areas of your life. It is important to understand the various Maryland DUI laws in order to ensure that your rights are protected if you are stopped for suspicion of driving while intoxicated.

Breath Tests and Other BAC Measurements

In most cases, the police will administer a breath test if they suspect you may be under the influence of alcohol. However, there are certain situations which may require the police to use a different method to measure your BAC. These include:

• Instances where the breath testing equipment is unavailable
• Fatal accidents
• Collisions involving a serious risk of death

Generally, you will receive a blood test or a urine test in these situations.

If you are arrested on federal property and charged under federal law, a blood test will usually be administered to determine your BAC. Furthermore, if you refuse this test, you will be charged with a separate crime for your refusal.

Your BAC and Legal Limits

The purpose of the breath or blood test is to determine the level of alcohol in your system (your BAC). The legal limits vary depending on your age.

The state of Maryland imposes the following legal limits for people over the age of 21:
• .08 – You are considered guilty of driving under the influence of alcohol. You will be charged with a DUI regardless of the extent that the alcohol has impaired your ability.
• .07 – Prima Facie Evidence: There is a presumption that you are impaired and therefore guilty of driving under the influence. However, this presumption can be refuted either through witness testimony or cross examination of the police officer.
• .05-.06 – Neutral. No presumption or inference will be drawn from the results of your test.
• .04 – You are presumed not under the influence of alcohol.

If you are under the age of 21, it is illegal to have any alcohol in your system. Therefore, a BAC of .02 or greater is considered evidence of a crime.

The Importance of Hiring an Annapolis DUI/DWI Attorney

If you have been charged with a DUI, it is crucial that you seek legal representation. Hiring an experienced Annapolis DUI/DWI attorney will give you the greatest likelihood of a favorable outcome for your case. The consequences of a DUI/DWI conviction can impact every aspect of your life, including:
• Your current employment
• Your ability to secure future employment
• Your eligibility for tuition assistance and scholarships
• Your ability to secure a loan
• Your ability to rent a home or condo
• Your auto insurance premiums, once your driver’s license is reinstated Working with an experienced Annapolis DUI/DWI attorney can help minimize the impact of these consequences on your life.


About the Author:
If you have been charged with a DUI or DWI in the Annapolis, Maryland area, please visit the website of Jimeno & Gray today.
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