201 ★★★★★ REVIEWS
CONTACT US telephone
contact us phone

Published on 1/29/2024, 12:23:00 PM

What is Legally Intoxicated in Maryland DUI Cases?

Driving under the influence (DUI) and driving while impaired (DWI) are serious offenses in Maryland. It's crucial to understand the legal definitions and implications of these charges, especially when it comes to what constitutes legal intoxication.

Legal Definition of Intoxication

In Maryland, a person is considered legally intoxicated if they have a Blood Alcohol Concentration or Breath Alcohol Concentration (BAC) of 0.08% or higher. This is the standard measure used across the United States. However, it's important to note that you can still be charged with a DWI with a BAC lower than 0.08% if your ability to drive is visibly impaired.

DUI Per Se

Maryland law specifies DUI Per Se, which means that driving with a BAC of 0.08% or higher is automatically considered driving under the influence, regardless of actual physical impairment. This is based on the Maryland pattern jury instruction on DUI Per Se.

Factors Influencing BAC Levels

Various factors can affect your BAC, including your weight, gender, rate of alcohol consumption, and the type of alcohol consumed. Remember, each individual's body metabolizes alcohol differently.

The DUI Arrest Process

If you are pulled over and suspected of DUI, the officer may conduct field sobriety tests and request a breathalyzer test. Refusing the test can lead to more severe consequences under Maryland's implied consent law.

Field Sobriety and Breathalyzer Tests

Field sobriety tests help officers determine impairment, but they are subjective and can be contested. The breathalyzer provides a more concrete BAC level but is not infallible. Inaccuracy in these tests can be a key defense point, as noted in Maryland DUI defense strategies.

Penalties for DUI and DWI

The penalties for DUI and DWI in Maryland can be severe and vary depending on the number of offenses and the specific circumstances of each case. These can include fines, jail time, and loss of driving privileges. You can find more about these penalties in our detailed overview of DUI and DWI penalties in Maryland.

First-Time vs. Repeat Offenders

First-time offenders may face lighter penalties compared to repeat offenders. However, the impact on your life can still be significant. For repeat offenders, the penalties increase substantially, as detailed in our section on multiple DUI offenses.

Defending Against a DUI Charge

If you're facing a DUI charge, it's crucial to understand your defense options. These can include challenging the validity of the sobriety tests, questioning the officer's conduct, or proving that the BAC level does not accurately reflect your level of impairment at the time of driving.

Legal Representation

Having an experienced DUI attorney can make a significant difference in your case. They can navigate the complexities of DUI law and ensure your rights are protected. Learn more about choosing the right lawyer for your case on our FAQ page.


Q: Can I be convicted of DUI in Maryland with a BAC lower than 0.08%?
A: Yes, if your driving ability is impaired, you can be convicted of DWI with a BAC lower than 0.08%.

Q: What should I do if I'm stopped for suspected DUI?
A: Remain calm, follow the officer's instructions, and remember your right to legal representation. Read more about your rights during a DUI stop here.

Q: How long does a DUI stay on my record in Maryland?
A: A DUI conviction can remain on your record indefinitely. Find out more about the long-term consequences of a DUI here.

Q: Can a DUI charge be dropped or reduced in Maryland?
A: Yes, under certain circumstances, a DUI charge can be dropped or reduced. This often depends on the specifics of your case and the skills of your attorney.


Understanding what legally constitutes intoxication in Maryland DUI cases is critical. If you're facing DUI charges, it's essential to seek legal adviceimmediately, and explore all legal options available. For in-depth advice and representation, consult with a skilled DUI attorney who can offer personalized guidance based on the unique aspects of your situation. Remember, a DUI charge is not the end - with the right approach and expert help, you can navigate this challenging time.

For more insights and assistance on Maryland DUI cases, don't hesitate to visit our reviews page and see how we've successfully helped others in similar situations.