Maryland DUI Law can be found in the Md. Transportation Code Ann. § 21-902. In Maryland there are three types of drunk driving laws: DUI (Driving Under the Influence), DUI per se, and DWI (Driving While Impaired). You can be charged with a DWI if your blood alcohol content (BAC) is between .04 and .07 percent, irrespective of your actual ability to drive a car. Often, people who have a low BAC, but fail the field sobriety test are charged with DWI. To be charged with a DUI per se, your blood alcohol content must be .08 percent or higher. Both DUIs and DWIs are very serious offenses.
Can I refuse to take the breathalyzer?
In Maryland you are always allowed to refuse the breath tests offered; however, there can be serious consequences related to your driving privileges.
The two breath tests offered in Maryland related to a DUI/DWI are the preliminary breath test (PBT) and the chemical breath test. Typically the PBT is offered on the side of the road when the officer is trying to determine if he/she has probable cause to arrest you. Usually the chemical breath test is offered back at the police barracks after [Read more…]