Typically, a blood alcohol content, or BAC, of .05 or less should result in the driver being let go. However if there is a .05 plus drugs and/or the driver is under the age of 21, charges would be brought. A person’s BAC is not necessarily an indication of how impaired he or she is, though it is used to establish intoxication according to the law.
How BrAC (Breath Alcohol Concentration) and BAC (Blood Alcohol Content) are Determined
In most cases, BrAC (Breath Alcohol Concentration) is measured through a breathalyzer test. This test is administered after the officer pulls you over and again at the police station after the arrest takes place. It is supposed to indicate how many grams of alcohol is present per 210 liters of breath. BAC (Blood Alcohol Content) is determined by actual blood tests. In the state of Maryland blood tests to measure BAC are only used in certain situations.
There is a common definition that the legal limit for alcohol consumption is “about two drinks.” However, this is not the case. Many factors go into determining what your breath or blood alcohol level is. How much time you have had to drink the alcohol and how much you weigh are top factors. Whether you’ve eaten recently, your fitness level, and your body’s tolerance for alcohol are also considerations. Each person’s body metabolizes alcohol at a different rate as well.
Another common misconception is that breath alcohol content as indicated by a breathalyzer test is a perfectly accurate representation of how impaired an individual is. There are a variety of factors that could result in the misrepresentation of BrAC in breathalyzer tests, such as use of certain kinds of medication and human or mechanical error.
Consequences for DUI and DWI
Penalties, even for a first-time DUI offender, are strict, and can include license suspension, thousands of dollars fines and legal fees as well as jail time. Repeat offenders can face larger fines and increased jail time. The lesser charge of DWI also carries significant penalties which can include license suspension, fines and time in jail.
If you have a CDL license and are convicted of a DUI you not only face the penalties under the DUI statute, you could lose your CDL license even if you are not driving a commercial vehicle at the time of your arrest.
If you have been arrested for a DUI in the state of Maryland your calculated BrAC or BAC can be one of the main components used by the state in an attempt to establish your guilt or innocence in Maryland DUI legal proceedings. It is important to note, however, that an indication of a high level of alcohol in your system does not automatically mean that you will be convicted of DUI charges. Each DUI case is unique. There are many variables that need to be explored and the assistance of an experienced Maryland dui attorney can help protect your rights and mount a strong, persuasive defense against the charges against you are facing. To schedule a free consultation with one of Alpert Schreyer's experienced DUI lawyers, call today at 1-866-952-1500 or click here to e-mail an associate to set up your free, confidential consultation today.
Alpert Schreyer
scan for directions