After a law enforcement officer pulls you over and approaches your vehicle, they may have reason to believe that you were driving under the influence (DUI) or driving while impaired (DWI). With this suspicion, they may ask you to submit to a breathalyzer test, which entails you blowing into a device that measures your blood-alcohol content (BAC) level. Of note, depending on the results of this test, the officer may be decide to arrest you for an alleged DUI offense. And so, please continue reading to learn more about the legal BAC limit and how one of the experienced Prince George’s County DUI lawyers at Miller Berman can help you understand the consequences of being found around or above this threshold.
What is the legal BAC limit in Maryland?
A BAC of 0.08 or higher may establish legal intoxication for DUI purposes. This legal limit applies regardless of whether or not you claim to feel intoxicated at the time you get behind the wheel. Rather, the measurement of your BAC depends on factors like your gender, weight, metabolism, number of drinks consumed, and the time at which these drinks were consumed.
It’s important to note that you may still face DUI or DWI charges even if a breathalyzer test indicates that your BAC level is below 0.08 percent. The arresting law enforcement officer may use their discretion to determine whether your drinking still caused you to participate in impaired driving. For example, they may believe that you failed your given field sobriety tests, that you have slurred speech or glazed eyes during your interaction, or that you were driving in a reckless manner that put others at risk (i.e., speeding, failing to maintain a lane, driving in the wrong direction, causing an accident event, etc).
Do different BAC limits apply to different individuals?
To reiterate, a BAC level of 0.08 percent or higher is considered legally intoxicated driving. Further, a first-offense DUI carries up to one year in jail and up to a $1,000 fine. However, this generally applies to traditional motor vehicle drivers over the legal drinking age of 21. That is, there may be a different standard for commercial vehicle drivers and underage drivers.
For one, commercial drivers in Maryland are subject to a strict legal BAC limit of 0.04 percent. Essentially, this lower limit is due to the fact that commercial driving involves heightened public-safety regulation. And so, in addition to the typical first-offense DUI criminal punishments, you may also face a one-year disqualification of your commercial driver’s license (CDL) privileges, along with a possible termination of your current employment and difficulty securing future opportunities.
Secondly, underage drivers may face administrative and criminal consequences for driving with very small amounts of alcohol in their systems. This zero-tolerance policy is in place because underage drivers are generally prohibited from consuming alcohol. Depending on the driver’s age and the circumstances of the case, proceedings may occur in either juvenile or adult court. Realistically, though, you may face a driver’s license suspension, orders to attend an alcohol education program, required use of an ignition interlock device, spiked insurance rates, and diminished educational opportunities, just to name a few things.
If there is the smallest possibility that you are up against any of these criminal consequences, you must hire one of the skilled Prince George’s County criminal lawyers from Miller Berman immediately. Your initial consultation will be at no cost to you, so pick up the phone and schedule it today.
