Maryland Drunk Driving Laws

Almost every driver understands the risks associated with drinking and driving. In the United States alone, thousands of individuals are seriously injured and killed in alcohol-related auto accidents each year. Yet despite these numbers, driving under the influence (DUI) remains fairly common—a fact evident by the number of drivers who are arrested for the offense. While drunk driving is illegal in all 50 states, it is ultimately left up to state lawmakers to determine exactly what constitutes driving under the influence in a particular area. Maryland drunk driving laws, for instance, specify a number of actions that can lead to a driver’s arrest.

Most people assume that a driver must show obvious signs of impairment before he or she can be arrested for DUI. Unfortunately, from a legal perspective, anyone who is operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher is considered intoxicated—regardless of the individual’s ability to drive. A metric that identifies the percentage of alcohol found in a person’s bloodstream, BAC is the standard method used to determine a driver’s level of intoxication.

According to research, a person’s ability to drive becomes impaired once his or her BAC reaches 0.08%. As a result, federal law prohibits drivers from operating a vehicle with a BAC above this amount. However, lawmakers in the state of Maryland have passed additional restrictions to limit the amount of alcohol drivers are permitted to have in their system even further.

In Maryland, a “driving under the influence” charge can be filed against any driver who has a BAC of 0.08% or more. Meanwhile, a person can also be arrested for “driving while impaired” (DWI) if he or she has a BAC of 0.07%. In addition, underage and commercial drivers are expected to comply with even lower BAC regulations of 0.02% and 0.04%, respectively.

If an officer suspects a driver may be under the influence of alcohol, a chemical test may be administered to determine the individual’s actual BAC. Under Maryland’s “Implied Consent Law,” all drivers are required to submit a breath, blood, or urine sample for chemical testing upon an officer’s request. Therefore, should you refuse to perform a chemical test, you will not only be arrested for drunk driving, but also risk losing your driving privileges for 120 days or more.

Although DUI is a more severe charge than DWI, both offenses carry a number of harsh penalties. A person convicted of a first DUI, for example, faces up to $1,000 in fines, as well as a 6-month license suspension and 1-year jail sentence. The maximum penalties for a first-time DWI conviction, on the other hand, include only a $500 fine and 2-month jail sentence—and these consequences only increase with each subsequent conviction.

If you were recently arrested for drunk driving in Maryland, it is important to seek legal counsel immediately if you want to avoid a DUI or DWI conviction. To schedule a free, no-obligation consultation with an experienced DUI defense attorney in your area, submit our online form today. In many cases, all you need is a strong defense strategy to get your charges reduced or dismissed entirely.