DUI Breath Tests and the Potential Consequences

At Helfand, Helfand, Martella & Smith, we have extensive experience in handling DUI cases, and we understand the intricacies of the DUI breath test legal limits in Maryland. The following information is provided for background information, and not for legal advice. For specific advice about your situation, you should consult directly with one of our criminal defense attorneys, Raquel Smith or David Martella.

In Maryland, the legal limit for blood alcohol concentration (BAC) is 0.08%. This means if you operate a motor vehicle with a BAC of 0.08% or higher, you can be charged with driving under the influence (DUI). Driving while impaired by alcohol (DWI) charges can be charged if your BAC is between 0.07% – 0.08%, and/or if there is evidence of slight impairment of coordination from alcohol. A breath test result below a 0.08 may not result in any immediate license suspension or interlock device requirement. An interlock device is a small device (about the size of a cell phone) that prohibits a vehicle from being operated without receiving repeated alcohol-breath tests from the driver. A breath test of 0.15% BAC or above may extend that interlock term to a full year. However, suspensions and interlock device requirements may be imposed at a later court date, or by the MVA as a consequence of the outcome in court.

A breath test of 0.08% to 0.149% may subject a driver to a minimum six month suspension of driving privileges. This suspension may, in certain circumstances be modified to allow the licensee to drive for school, medical, and employment purposes only. As an alternative, the driver may also be allowed to install the interlock device in his or her vehicle within 45 days of arrest and drive an interlock equipped vehicle for six months.

A breath test above a 0.149% BAC, or refusal to take a breath test may require the driver to install the interlock device in his or her car for one year; sometimes for as long as two years.

Be aware, that during most DUI arrests, the suspect will be offered a breath test at the scene of the traffic stop, often referred to as a Preliminary Breath Test (PBT). Then later, at the station, the driver will be asked to take a test using a much larger and more precise breath test machine, sometimes called an “Intoximeter” or “Itoxilyzer,” depending on the manufacturer. The PBT test is not very accurate and is to be used as a guide to the police officers in deciding to arrest the driver. Because a PBT is not very accurate, an unfavorable result cannot be used against the driver in COURT to decide a verdict of guilty or not guilty. (A judge at an MVA suspension hearing may rely on the the PBT results). A favorable PBT can be used by the driver in Court to attempt to prove he or she was not impaired by alcohol. A refusal to take a PBT cannot be used in court against the defendant and comes with no administrative penalties from the MVA. All drivers in Maryland implicitly consent to take the breath test at the station. It is the breath test at the station that can be used against the driver in court. Of course, favorable results may also help exonerate the client.

There are serious consequences for exceeding these legal limits. If you’re found guilty of DUI or DWI, you may face the following penalties from the Maryland Motor Vehicle Administration (MVA):

• First Offense: A maximum fine of $1,000 and/or imprisonment for up to one year. 12 points on your license, which can lead to license revocation for a minimum of six months.
• Second Offense: A maximum fine of $2,000 and/or imprisonment for up to two years. If your second offense occurs within five years of the prior offense, you are required to participate in the Ignition Interlock Program. You may also face license revocation for up to one year.
• Third Offense: A maximum fine of $3,000 and/or imprisonment for up to three years. You may also face license revocation for up to 18 months.

The breath test level may also affect what charges and what penalties a prosecutor may seek in court. Breath test results on the lower end of the spectrum (closer to 0.08%) may make it easier to negotiate or win a favorable outcome. On the other hand, higher tests results, (above 0.15%) may cause a prosecutor to believe that the defendant was grossly intoxicated when attempting to drive, and therefore, deserving of more severe punishment. Although all DUI cases are treated seriously by the Courts, breath test results above 0.20% are often described by prosecutors as demonstrating a complete disregard for the law and the safety of others.

We feel it is extremely important that your attorney takes into consideration your personal and professional circumstances, and designs a strategy that is specific to your needs. Too many law firms today seem to sign up as many clients as possible, send their clients to a standard DUI class, and then tell their clients to meet them in court. When the client gets to court, some attorney they have never met is there to handle the case, along with several other cases. We believe there is no “one size fits all” approach to handling a DUI case. A DUI charge can lead to loss of employment, suspensions and revocations of driving privileges, and, in some cases, deportation from the United States. Be aware that some license suspensions may be imposed before going to court; and some suspensions may be imposed after going to court. Most suspensions can be modified with restricted licenses, or the use of the interlock device. Decisions you make before court can, therefore, create advantages for you regarding what happens after court.