Effect of a Breath or Blood Test in Maryland (after October 1, 2001)
In Maryland, the approved breath testing device is currently the Intoximeter EC/IR. It is intended to give a measurement of deep lung air in grams of alcohol (a weight) per 210 liters of breath (a volume). For blood tests the result is measured in grams of alcohol per 100 milliliters of blood.
The test results have legal significance. If the result is .08 or more the driver is per se under the influence.
If the test result is .07 or more, but less than .08, it is considered prima facie evidence the driver is impaired by alcohol.
If the test result is more than .05 but less than .07, the test evidence is considered neutral.
If the test result is .05 or less, the driver is presumed not to be under the influence of alcohol.
For the driver who is under 21 years of age, the legal limit is .02. The driver may lose their driver's license or privilege for 6 months and be fined. It is important to consult with a lawyer to gain a further understanding of the ramifications of these tests.For more information about recent changes in Maryland's drunk driving laws, click on Maryland's New Drunk Driving Laws.