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.
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