Maryland DUI Laws on Breath Tests
Driving under the Influence (DUI) is hazardous not only to yourself but those around you. If you are stopped in Maryland as being suspected of DUI, you may be facing serious repercussions.
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Limits
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Maryland imposes legal limits for people over the age of 21. If you are pulled over and asked to take a sobriety and/or a breath test, your blood alcohol content (BAC) determines how you will be treated. With a .08 BAC, you are presumed guilty of driving under the influence, you will be charged with DUI. You will be ticketed and may be arrested, taken to jail and have your car towed to an impound lot. With a .07 BAC, there is a presumption you are impaired and are therefore driving under the influence. With a BAC between .05 and .06, no presumption or inference will be determined. With a .04 BAC, you are not under the influence of alcohol. Under 21 years of age, it is illegal to have any alcohol in your system, a .02 BAC or greater is considered a crime.
Refusal
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You have the right to refuse to take the test. If you choose to refuse to take the breathalyzer test, there are severe consequences for this action. Breathalyzer tests are offered under the implied consent laws, refusal to take the test can be admitted into court as evidence. The first time you refuse to take a breath test, your driver's license will be suspended automatically for 120 days, if you are stopped for a second time and refuse to take the test, your license will be suspended for one year.
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Penalties
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Maryland has set some hefty penalties for DUI. For a first time conviction, at the minimum your driver's license will be suspended up to 45 days, and you face fines up to $1,000 and possibly jail time from 60 days up to one year. You will also be given at least eight points on your driving record. Maryland has a look-back period of 10 years; this means any conviction that may have occurred within the last 10 years is considered a first offense.
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- Photo Credit to drunk to drive image by Marjan Veljanoski from Fotolia.com
