Several presumptions arise in the criminal trial of a drunk driving offense from the alcohol concentration test - a breathalyzer or blood test.

A BAC of .08 raises the presumption that the driver was under the influence, per se. That is, no additional evidence of guilt needs to be presented. Further, the test results will be entered into evidence as fact if you do not request that the State prove the fitness and reliability of the test results.

Additional presumptions arises also, such as if the BAC is .05 or below it is presumed you are not under the influence or impaired, also, a BAC result of .02 raises the presumption that alcohol is in your system.

Md. Code Ann., Cts. & Jud. Proc., s. 10-307