Maryland DUI Defense - Consumer Protection
10451 Mill Run Circle, Suite 400 - Owings Mills, Maryland 21117 ~ TEL (410) 878-2905 - FAX (410) 878-7790
The amount of alcohol in the person's breath or blood as shown by a legal analysis will give rise the following conclusions:
An alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol and that the person was not driving while impaired by alcohol.
An alcohol concentration of more than 0.05 but less than 0.07, may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired by alcohol.
An alcohol concentration of at least 0.07 but less than 0.08, it shall be prima facie evidence that the person was driving while impaired by alcohol.
An alcohol concentration of 0.02 or more, it shall be prima facie evidence that the person was driving with alcohol in the person's blood.
An alcohol concentration of 0.02 or more, it shall be prima facie evidence that the person was driving in violation of an alcohol restriction under § 16-113 of the Transportation Article.
An alcohol concentration of 0.08 or more, the person shall be considered under the influence of alcohol per se as defined in § 11-174.1 of the Transportation Article.