In Maryland DUI and DWI cases, a BAC test can be admissible in court to show a driver’s specific level of intoxication. The term BAC refers to the concentration of alcohol in the breath or blood. Alcohol concentration is measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In Maryland, most BAC testing after a DUI or DWI arrest involves a breath test, the arresting officer can sometimes request a blood test. If an alcohol test is admitted as evidence, statutory provisions establish the applicable evidentiary presumption based on the specific test results under CJ § 10-307.
DUI “Per Se” in Maryland
If a person has an alcohol concentration of 0.08 or more, the person will be considered under the influence of alcohol per se. A test result of 0.08 or more also subjects a driver to an administrative per se license suspension.
An alcohol concentration at the time of testing of at least 0.07 but less than 0.08 constitutes prima facie evidence that the person was driving while impaired by alcohol.
BAC Levels Below .07
An alcohol concentration at the time of testing of more than 0.05 but less than 0.07 may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired by alcohol. An alcohol concentration at the time of testing of 0.05 or less creates the presumption that the person was not under the influence of alcohol and was not driving while impaired by alcohol.
An alcohol concentration at the time of testing of 0.02 or more is prima facie evidence that the person was driving with alcohol in the person’s blood. This rule is used mainly to prove a violation of an alcohol restriction on a driver’s license.
With offices conveniently located in Arbutus and Catonsville, Maryland, the experienced DUI and DWI defense attorneys in Baltimore, MD, at James E. Crawford, Jr. & Associates serve clients throughout the city and county of Baltimore, and the surrounding areas including Catonsville, Bel Air, and Annapolis.
The attorneys at James E. Crawford, Jr. & Associates are available 24 hours a day, seven days a week. If you have been arrested for any DUI or DWI offense in Baltimore City, Baltimore County, Howard County, Anne Arundel County, Carroll County or Harford, then contact an experienced criminal defense attorney today.