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Most drivers know that the legal blood alcohol content (BAC) limit in Maryland is 0.08%. What many don’t realize, however, is that it’s still possible to be charged with an alcohol-related driving offense even if your BAC is below that threshold. Maryland law allows for criminal charges based not just on chemical test results, but also on observed impairment.
This article explains how drivers in Maryland can face Driving While Impaired (DWI) charges even with a BAC below 0.08%, and under what conditions a lower BAC can still lead to serious legal consequences. We’ll also explore how law enforcement evaluates driver behavior, what “per se” limits mean, and what this means for you—even after just one or two drinks.
If you think you’re safe from a DUI just because you’re “under the limit,” read on. The law may say otherwise.
DUI vs. DWI: The Key Distinction in Maryland
Maryland law recognizes two separate offenses related to alcohol and driving:
- DUI (Driving Under the Influence): Applied when your BAC is 0.08% or higher. This is a “per se” offense, meaning no further evidence of impairment is needed.
- DWI (Driving While Impaired): Can be charged when your BAC is between 0.04% and 0.07%, or when your driving behavior suggests impairment—even if no BAC test is taken.
The second offense—DWI—is the one that makes it possible to be charged below the legal limit. Officers don’t need a high BAC to arrest and charge someone if they show signs of being unsafe behind the wheel due to alcohol.
That means you can be arrested for impaired driving with a BAC as low as 0.04%, or even lower, depending on the circumstances.
What the Law Says About Impairment Below 0.08%
Under Maryland Transportation Article § 21-902(b), a person can be charged with Driving While Impaired by Alcohol if they are affected “to an extent that makes the person incapable of driving safely.” The law does not require a specific BAC level to prove this.
Here’s how this plays out:
- A BAC of 0.08% or more → automatic DUI charge
- A BAC of 0.07% or less → possible DWI charge, if other signs of impairment are observed
- No BAC reading available → DWI may still be charged based on observed behavior
In other words, you do not have to exceed 0.08% to be arrested or charged with an alcohol-related driving offense in Maryland.
How Police Determine Impairment Below the Legal Limit
Law enforcement officers in Maryland rely on more than just BAC tests to determine if a driver is impaired. If your BAC is below the legal limit, you can still be arrested if the officer believes your driving is unsafe or if you fail standard field sobriety tests.
Signs that may lead to a DWI arrest include:
- Swerving or lane drifting
- Delayed reaction times
- Slurred speech
- Bloodshot eyes
- Odor of alcohol
- Unsteady movements
- Poor performance on field sobriety tests
If an officer observes these signs, and your BAC is even modestly elevated (such as 0.05%–0.07%), you could still be charged. The field sobriety test results combined with the officer’s written observations can serve as evidence in court.
BAC Ranges and Legal Risk in Maryland
Here’s how Maryland generally handles different BAC levels:
- 0.00% – 0.02%: Typically not actionable unless the driver is underage or driving dangerously.
- 0.02% – 0.07%: Risk zone. A driver may be charged with DWI if other signs of impairment are present.
- 0.08% and above: Per se DUI. Legal intoxication is presumed.
It’s important to note that these are general guidelines, and real-world outcomes can vary. An officer may arrest a driver with a BAC of 0.05% if their driving behavior is deemed unsafe, especially if there was a crash or other public safety concern.
Underage and Commercial Drivers Face Stricter Rules
If you are a driver under 21, Maryland has a zero-tolerance policy. You can face DUI-related consequences for a BAC of 0.02% or higher. That means even a trace amount of alcohol may lead to a charge and administrative penalties such as license suspension.
Commercial drivers are also held to a stricter standard. The BAC limit for commercial vehicle operation is 0.04%. A CDL holder can face disqualification from commercial driving even without a criminal conviction.
In both cases, the threshold for what constitutes “impaired driving” is much lower—and penalties may be even more severe.
What Happens If You’re Charged Below the Legal Limit?
Being charged with DWI rather than DUI in Maryland generally results in slightly less severe penalties—but the consequences are still serious and can include:
- Up to 60 days in jail
- Fines up to $500
- 8 points on your driver’s license
- License suspension
- Increased insurance premiums
- Court-ordered alcohol education or treatment programs
A second offense, even at lower BAC levels, can result in enhanced penalties and longer license suspensions.
It’s also worth noting that while a DWI carries fewer criminal penalties than a DUI, it still creates a permanent mark on your record unless expungement applies (which it rarely does).
Refusing the BAC Test Doesn’t Prevent Charges
Maryland drivers often wonder if refusing the BAC test will prevent charges. The answer: not necessarily.
Maryland’s implied consent law requires drivers to submit to chemical testing when lawfully requested. Refusing the test can result in:
- Automatic license suspension
- Disqualification from the Ignition Interlock Program
- Use of refusal as evidence in court
Even without a BAC reading, the officer may still arrest and charge you with DWI based on observed impairment.
Situations Where Drivers Are Commonly Charged Below 0.08%
Here are real-world scenarios where Maryland drivers might be charged with a DUI-related offense even though they were “under the limit”:
- A driver has a BAC of 0.06% but was pulled over for swerving and fails a field sobriety test.
- A young driver under 21 registers a BAC of 0.03% during a routine checkpoint.
- A commercial driver blows 0.05% after a minor traffic violation in a delivery vehicle.
- A driver involved in a minor accident registers 0.07%, and police note signs of slurred speech and imbalance.
In each of these cases, the BAC is under 0.08%, but charges may still follow due to the presence of impairment, the driver’s classification, or Maryland’s specific laws.
FAQ: DUI Charges Below the Legal Limit in Maryland
Can I be arrested for DUI with a BAC under 0.08% in Maryland?
Yes. While DUI typically requires 0.08% or higher, you can be charged with DWI for a lower BAC if impairment is evident.
What is the BAC threshold for DWI in Maryland?
There is no fixed limit, but charges are commonly brought with a BAC between 0.04% and 0.07%, depending on the situation.
Is there a lower limit for commercial or underage drivers?
Yes. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21.
Can I refuse a breath test to avoid charges?
You can refuse, but your license may be suspended automatically, and the refusal can be used in court.
What penalties can I face for a DWI?
DWI penalties include jail time, fines, license suspension, and points on your license—even if your BAC is below 0.08%.
Conclusion
In Maryland, it’s entirely possible to face alcohol-related driving charges with a BAC below the legal limit of 0.08%. Through DWI laws, police and prosecutors can pursue cases based on impaired behavior, physical signs, or driving patterns—even when the driver’s BAC is lower than expected.
Understanding this distinction is crucial for anyone who drinks and drives—even moderately. The safest approach is always to avoid driving after consuming any amount of alcohol, especially if you’re under 21, driving commercially, or unsure of your BAC.
To learn more about how BAC is used in DUI cases, visit our full guide on Blood Alcohol Content And Legal Limits. For a deeper explanation of what BAC means under DUI laws, explore What Blood Alcohol Content (BAC) Means Under DUI Laws.