In any DUI case, your BAC is the biggest determining factor in the severity of consequences you will face. The only way for the police to obtain your BAC is to submit to a breathalyzer or blood test. If you refuse, the consequences are even more severe because the police have no way of knowing how drunk you actually were, and the assumption is made that you were well over the legal limit.
You can be charged with a drinking and driving offense in Maryland with a blood alcohol content as low as 0.04, however, if your BAC reading is 0.04 or 0.05, will be entitled to a presumption under the law that your driving abilities were not impaired. At a 0.06 or 0.07 there is no presumption and you can be convicted of DWI if the State can prove through your driving behavior or field sobriety tests that you were impaired. At a 0.08 or above, you are automatically considered intoxicated.
If you refuse the breath test or provide an insufficient sample, you can still be convicted of dui based on your driving behavior and field sobriety tests. If you knowingly refused the test, this can also be used against you in court as proof that you refused the test because you knew you were intoxicated.
If you’ve been charged with DUI, there may be defenses to your case regardless of your BAC. Contact Portner & Shure’s criminal defense attorneys today for a free consultation.