Maryland DUI Law: A Word On The Breath Test

How does the breathalyzer work?

The breathalyzer is the best known method police use to determine intoxication and the one police trust the most. Unlike the other field sobriety tests, the breathalyzer provides an actual number to guide police in their investigation. This number is known as the BAC or Blood Alcohol Count. By blowing into the breathalyzer, a certain trace amount of alcohol molecules come out with your breath. The machine registers the ratio of grams of alcohol to 100 milliliters of blood.

So what do different Blood Alcohol Counts mean?

In Maryland, A BAC of .08 or higher is considered to be “DUI per se.” That means that there is a presumption that you are under the influence based on the breath result alone. If your BAC is less than .08, the State will have a difficult time proving that you were “under the influence.” The State may, however, be able to prove that you were “impaired.”

Remember, the breathalyzer is only one method of determining impairment. Erratic driving and other tell-tale signs of intoxication can provide police with enough reason to arrest a driver under the DUI charge even if his BAC is below .08 or there is no breath result.

Need help with a Maryland DUI charge? I’m an experienced Maryland DUI and drunk driving lawyer and I’d be happy to assist you. Call me at 301-563-9575 or 1-877-566-2408 for a free, no obligation consultation.