In Maryland, and every other state in the country except for Utah (which has a .05 BAC limit), a driver with a blood alcohol content (BAC) level of .08 or higher can be charged with driving under the influence of alcohol. Your BAC level can get you into trouble in many ways. For instance, young drivers with a BAC level of just .02 can lose their driving privileges, and commercial truck drivers can lose their driving privileges if their BAC level is .04 or higher. Additionally, you can be charged with driving while intoxicated (DWI) if your BAC level is. 07 and there are other factors that suggest you were driving while impaired.
Your BAC level can affect more than just the criminal charge that is filed against you. Your BAC can affect your sentence, the requirement to use an ignition interlock device (IID), and your right to drive. In short, the higher your BAC is, the more trouble you’re in. The higher your BAC is, you better call a good DUI defense lawyer.
There are defenses to the breathalyzer test and blood test used to determine your BAC level. The breath test machines may not have been properly calibrated. The police officer may not have conducted the test properly. The officer may not have had grounds to stop you. Certain substances that you consume may result in a false or improper test result. Other defenses may apply. Our experienced Annapolis DUI defense lawyers can help.
How does your BAC level affect your ability to drive?
According to American Addiction Centers, a person’s BAC is affected by what they drink, how much they drink, their weight, their gender, genetics, and other factors. Some of the side effects of a high BAC include slow reflexes, reduced reaction times, blurred vision, loss of physical coordination, memory loss, blood pressure changes, and other consequences. The symptoms based on a driver’s level of impairment include the following:
- .02 BAC: There is some measurable impact on the driver’s brain and body. The symptoms include poor judgment, a relaxed feeling, and a change in mood.
- .05 BAC: The symptoms include loss of small muscle control, inability to focus, and blurry vision.
- .08 BAC: Drivers will have balance, speech, and coordination difficulties. Hearing will worsen. Reaction times will slow.
- .10 BAC: Reasoning and thinking are slower. Drivers will have difficulty coordinating their arms and legs. Reaction times slow even more.
The dangers dramatically increase for drivers who have a BAC of .15 or higher.
How is your BAC level determined?
Generally, your BAC level is determined after the police stop you and after you fail the standard field sobriety tests. All drivers in Maryland give their implied consent to be tested for drunk driving through a breathalyzer test. You can refuse the test but your refusal can be introduced at your DUI or DWI hearing. In addition, your license can be suspended if you refuse to take a breathalyzer test.
Some Annapolis accident victims may be unable to give a breath sample because they were seriously injured or for other reasons. If this happens, the police may ask that a hospital take a blood test, which can also determine your BAC level.
How does your BAC level affect the type of drunk driving charge that can be filed in Annapolis?
There are two types of driver intoxication charges in Maryland:
- Driving under the influence (DUI): If your BAC level is .08 or higher, you can be charged and convicted of a DUI – based on the BAC test result alone.
- Driving while intoxicated (DWI): This charge is a slightly less serious charge than a DUI. The government needs to show your driving was impaired due to alcohol (or drugs). One of the factors the government uses against you is that your BAC level is .07 or higher.
As we discussed above, drivers under 21 can be charged with a DUI if their BAC level is .02 or higher. Commercial truck drivers can be charged with a DUI if their BAC level is .04 or higher.
How does your BAC level affect your criminal sentence and your driving privileges?
Driving privileges
If you refuse to take a breath test or your BAC level is .08 or higher, the police will take your Maryland driver’s license and suspend your driving privileges. You will be given a paper license that permits you to drive for up to 45 days. There will be a hearing to determine the full length of your suspension.
The length of the driver’s license suspension depends on:
- Whether your BAC level is between .08 and .14 or .15 or higher.
- Whether you have prior offenses.
- Whether anyone died.
- Whether you refused to take a chemical test.
Suspensions can range from 180 days to two years, with potential license revocation for BAC levels of .15 or higher, subsequent offenses, or fatalities.
Criminal penalties
The penalties for a DUI or a DWI conviction are as follows:
- A DUI conviction.
- A first offense: You can be sentenced to up to one year in jail. Your license can be suspended for up to six months. You can be ordered to pay up to a $1,000 fine.
- A second offense: You can be imprisoned for up to 2 years (there’s a 5-day mandatory minimum). Your license can be suspended for up to 1 year. You can be fined up to $2,000.
- Third and subsequent offenses: The penalties increase if you’re convicted of more than two DUI offenses.
- A DWI conviction.
- A first offense: Up to 2 months in jail, up to a six-month license suspension (or a year if under 21), and a fine up to $500.
- A second offense: Up to one year in jail, up to a 9-12 month license suspension, and a fine up to $500.
- Third and subsequent offenses: The penalties increase if you’re convicted of more than two DWI offenses.
The penalties are more severe if a minor was in your vehicle. Repeat offenders must use an IID and may face additional charges and an alcohol abuse assessment program. DUI or DWI convictions also make finding insurance coverage challenging.
Drew Cochran, Attorney at Law, our Annapolis and Ellicott City DUI/DWI lawyer, has been working to obtain dismissals, acquittals, and plea bargains for more than 20 years. We’re skilled at filing motions to suppress breathalyzer tests and blood tests. If you’ve been charged with a DUI or a DWI, call us now or fill out my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
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