Effect of a Breath or Blood Test in Maryland State Court

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.

A refusal to submit to a test may be considered as evidence of the driver’s guilt.

Many defenses can be raised with respect to the administration of the breath test, both in court and at the administrative hearing. Call 301-345-0122 for a FREE consultation with Leonard R. Stamm or Johanna C. Leshner to discuss some possible defenses stemming from the administration of the breath test.