Can I get a DUI if I was under 0.08 BAC?
In Maryland, it is a common misconception that the legal limit to receive a DUI is a BAC 0.08 or higher. In fact, if a driver’s BAC is 0.05-0.07, you can and will be charged with driving under the influence and driving while impaired.
But isn’t the legal limit 0.08? It’s not.
0.08 BAC Legal Limit
The reason everyone believes that the legal limit is 0.08 BAC is because the law states that you may be found guilty from that amount alone that you were under the influence and impaired by alcohol.
Thus, the police, the courts, the prosecutors and the media all consider 0.08 to be the legal limit. However, if you read the law closely you’ll find that a BAC of less than 0.08 is enough to find you guilty of a DWI.
Alcohol Level of 0.07
The law for a 0.07 BAC states:
If you find that, at the time of testing, the defendant had an alcohol level of 0.07 or more, but less than 0.08, you may consider this alcohol level in determining whether the defendant was either under the influence of alcohol or impaired by alcohol. You cannot find that the defendant was under the influence of alcohol based solely on an alcohol level of 0.07. However, you may, but are not required to, find that the defendant was impaired by alcohol based solely on an alcohol level of 0.07.
As you can see, a 0.07 BAC is enough for a judge or jury to find you guilty of a DWI.
Alcohol Level of Greater than 0.05, but Less than 0.07
The law for a 0.06 BAC states:
If you find that, at the time of testing, the defendant had an alcohol level greater than 0.05, but less than 0.07, you may consider this alcohol level in determining whether the defendant was under the influence of alcohol or impaired by alcohol. You cannot find either that the defendant was under the influence of alcohol or impaired by alcohol based solely on an alcohol level greater than 0.05, but less than 0.07.
Here, a 0.06 BAC is not enough for a judge or jury to find you guilty of a DWI based solely on your BAC, but it can be considered along with any other evidence of impairment.
Alcohol Level of 0.05 or less
The law for a 0.05 BAC states:
If you find that, at the time of testing, the defendant had an alcohol level of 0.05 or less, you must presume that the defendant was not under the influence of alcohol and was not impaired by alcohol. You are required to find the defendant not guilty unless the State has persuaded you, beyond a reasonable, that the other evidence in the case overcomes the presumption and proves that the defendant was under the influence of alcohol or impaired by alcohol.
Finally, a 0.05 BAC carries a presumption that you were not impaired, but the prosecutor can still convince a judge or jury otherwise.
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Bottom line: if you blew under the “legal limit of 0.08 BAC” don’t be shocked when the prosecutor moves forward with your case. As you can see, the DUI laws are written in such a way that you can still be found guilty of a DUI and DWI if you were under a 0.08 BAC.
Albers & Associates is a member of the National College for DUI Defense. Howard County DWI Lawyer Ross W. Albers was selected by Super Lawyers as a Rising Star in Criminal Defense: DUI.
Contact Albers & Associates today to schedule a free consultation. Evening and weekend appointments are available.
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