What Constitutes Driving Under The Influence in Wicomico County
Although it may seem straight forward, there are a number of different ways that law enforcement can show you were driving under the influence. Below, a Wicomico County DUI lawyer discusses some of these ways, and dispells the myth that you need to blow at least a .08 to be charged. For more information on DUI charges in Maryland or to discuss your case, call and schedule a consultation today.
What Must be Proven To Convict Someone of DUI in Maryland?
Driving under the influence of alcohol requires that the state prove that alcohol has impaired a person’s normal coordination. Actually, driving under the influence is the most serious of the two drunk driving offenses in Maryland and it’s a difference of degree as to whether or not the person is considered driving under the influence or whether or not the person is driving while impaired.
To be convicted of driving under the influence, the state has to prove that the person’s normal coordination has been substantially impaired. It’s a greater burden than proving that a person was driving while impaired which requires only that there be some proof that the person’s normal coordination has been affected to some extent, but not greatly affected which is what’s required to prove the driving under the influence charge.
Do You Need To Blow a .08 BAC to Get Charged?
Having a breath test result of .08 is one way, it’s one factor that a court can consider in determining whether or not a person is guilty of driving under the influence.
In Maryland, if the state can prove that a person was driving a motor vehicle, they were doing so on the – on the roadways and that the person had a breath alcohol result of a .08, the person based on those facts alone could be convicted of driving under the influence of alcohol. However, a person can be convicted of a DUI even if there is no breath test result. In order to convict somebody of a DUI without a breath test result, the state will have to rely on the testimony or evidence provided probably from a police officer and that testimony would have to include facts or observations about the driver’s coordination.
If a police officer were to testify about observations of the person’s coordination and from that testimony, the judge could determine that the person’s coordination was impacted. If it was significantly impacted, the person could be convicted of a DUI even though there was no breath test result that was presented to the court.