Blood Alcohol Content in Maryland DUI Cases
The Role of BAC in DUI Charges
Blood Alcohol Concentration (BAC) is the measurement of the amount of alcohol in one’s blood stream. In the state of Maryland, the law prohibits anyone from operating a motor vehicle with a blood alcohol level of .08 or above. The state also adheres to a zero-tolerance policy, meaning that anyone under the age of 21 found to be operating a motorized vehicle while under the influence of alcohol is breaking the law, no matter how low their blood alcohol concentration level may be.
Blood alcohol concentration is used to define an intoxication level and provides law enforcement and the legal system a measurement of levels of impairment. All individuals have custom blood alcohol concentration characteristics. What this means is that it is very hard to determine how many drinks it takes for an individual to have before he or she is over the legal limit. Factors that contribute to these variations include, but are not limited, to the person’s weight, sex and period of time in which drinks were consumed.
If you have questions about the role that blood alcohol content measurements play in your DUI case, Alpert Schreyer Poe, LLC can help. We have over 30 years of experience handling DUI cases and are extremely knowledgeable about the science behind BAC measurements.
Call our Maryland DUI attorneys at (301) 321-7277 to schedule a free consultation.
Measuring Breath Alcohol Concentration & Blood Alcohol Content
In most cases, breath alcohol concentration is measured using a breathalyzer test. This is a device that is supposed to indicate how many grams of alcohol are present per 210 liters of breath and can be administered after the officer pulls you over and/or at the police station after the arrest takes place. Generally, the state of Maryland uses breath testing instead of blood testing; however, in certain situations, blood tests will be conducted to determine an individual’s blood alcohol content.
A very common misconception is that breath alcohol content as indicated by a breathalyzer test is a perfectly accurate representation of how impaired an individual is.
However, there are a variety of factors that could result in the misrepresentation of breath alcohol content in breathalyzer tests, such as:
- Use of certain kinds of medication
- Certain physical conditions
- Human or mechanical error
Every Case Is Different
There is a common definition that the legal limit for alcohol consumption is “about two drinks.” However, this is not the case. Many factors go into determining what your breath or blood alcohol level is. How much time you have had to drink the alcohol and how much you weigh are top factors. Whether you’ve eaten recently, your fitness level, physical or medical disabilities, and your body’s tolerance for alcohol, are also considerations. In addition, each person’s body metabolizes alcohol at a different rate.
Take Action in Upholding Your Rights
If you have been arrested for a DUI in Maryland, your calculated BAC can be one of the main components used by the state in an attempt to establish your guilt or innocence in legal proceedings. It is important to note, however, that an indication of a high level of alcohol in your system does not automatically mean that you will be convicted of DUI charges. Each DUI case is unique. There are many variables that need to be explored and the assistance of an experienced Maryland DUI attorney can help protect your rights and mount a strong, persuasive defense against the charges you are facing.
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I was so immensely impressed at how skillful Mr. Alpert flayed the prosecution, verbally removing every shred of their circumstantial evidence piece by piece- P.W.
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