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Maryland has two different laws regarding driving under the influence. The standard DUI law states that a motorist may not drive with a blood alcohol content (BAC) level at or above .08 percent. However, the state also has a separate DWI law, which states that a motorist may be arrested if their BAC level is at .07 percent. These laws apply to regular drivers above the age of 21.
The BAC level required for minors and commercial vehicle drivers is lower than that of regular motorists. It is illegal in the state of Maryland for minors (drivers under the age of 21) to operate a motor vehicle with a BAC level of .02 percent or higher and for commercial vehicle drivers to operate a vehicle with a BAC of .04 percent or higher.
There are two ways in which Maryland DUIs are prosecuted. On the one hand, a defendant is prosecuted if they are under the influence of alcohol and their judgment is substantially impaired or they may be prosecuted under Maryland’s “per se” law, which entails that a motorist over .08 percent BAC level is under the influence, regardless of how well they are able to drive.
In the state of Maryland, the use of an ignition interlock device is not mandatory. For some cases, an IID may be used but there is no court requirement.
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