5.1 Alcohol, Drugs, BAC Limits & Open Container Rules
Key Takeaways
Maryland considers a driver under the influence of alcohol at a BAC of 0.08 or higher, but judgment and coordination can be impaired well below that level.
A BAC of 0.07 up to 0.08 is evidence of driving while impaired by alcohol; drivers under 21 may not drive with any alcohol in their blood, and 0.02 is evidence of a violation.
Weight, body fat, when and how much you ate, fatigue, mood and medications all change how alcohol affects you; only time lowers BAC.
It is illegal to drive with an open alcohol container in the passenger area, which includes any place the driver or passengers can easily reach.
If you are convicted of drunk or drugged driving with a child in your vehicle, the judge can double your fine and jail time.
Why Impaired Driving Is Tested So Heavily
The manual calls driving drunk or on drugs "a very serious threat to everyone's safety." Each year tens of thousands of people are arrested on Maryland roads for drunk or drugged driving. Alcohol and drugs make it very difficult or impossible to drive safely, and arrest brings large fines, possible jail and thousands of dollars in court costs.
Blood Alcohol Concentration (BAC)
BAC measures the amount of alcohol in your blood. Maryland's key levels:
| BAC at the time of testing | Legal effect in Maryland |
|---|---|
| 0.05 or less | Presumed not under the influence and not impaired |
| More than 0.05 but less than 0.07 | No presumption either way; may be considered with other evidence |
| 0.07 up to less than 0.08 | Evidence (prima facie) of driving while impaired by alcohol (DWI) |
| 0.08 or higher | Under the influence of alcohol per se (DUI) |
| 0.02 or higher, driver under 21 | Evidence of violating the under-21 alcohol restriction |
Even though the drunk-driving limit is 0.08, the manual stresses that any amount of alcohol can affect your driving. Your vision, ability to perform simple movements and reaction time may be affected after just one drink. Judgment and coordination can be impaired at a much lower BAC, and that impairment can still lead to criminal charges.
What Changes Your BAC
You cannot judge your BAC by counting drinks. The manual lists factors that change how your body handles alcohol:
- Body weight and body fat.
- How long ago you ate, and how much.
- How tired you are, your mood, and any medications you are taking.
A standard drink is about 12 ounces of regular beer, 5 ounces of wine or 1.5 ounces of 80-proof liquor; each contains about the same amount of alcohol. Your liver removes alcohol slowly, roughly one standard drink per hour for many people. Coffee, cold showers and fresh air do not lower BAC; only time does.
Drivers Under 21: No Alcohol
If you are not yet 21, it is against the law to drink any alcohol. Maryland places an alcohol restriction on every license held by someone under 21, which prohibits driving with alcohol in your blood. If police stop you and you have been drinking, your license will be suspended or revoked, and you can be charged with violating the restriction. For provisional drivers, the MVA's sanction after a first violation is an ignition interlock device or a 6-month suspension, and after a second violation revocation. It is also illegal to lie about your age to buy or possess alcohol.
Open Alcohol Containers
It is against the law to drive with an open container of alcohol in the passenger area:
- An open container is any open can, bottle, other container or package. A six-pack with open, empty or missing bottles or cans can count as an open container.
- The passenger area includes the driver and passenger seats and any place the driver or passengers can easily reach from where they sit.
Carry unopened containers, or a partly empty six-pack, in the trunk or in an area no one can reach while seated.
Drugs and Medications
Illegal drugs, some prescription medications and chemical inhalants can severely affect your ability to drive. They can reduce alertness, concentration, coordination and reaction time, and make it hard to judge distances or react to signals and sounds. Your license can be suspended or revoked for driving on controlled dangerous substances.
Read medication labels. Look for warnings not to drive or operate heavy machinery. If you drive after taking a medication that warns against it and it impairs your driving, you could be charged with a criminal offense, even with a valid prescription. Combining alcohol with other drugs makes impairment worse. Maryland law covers driving impaired by any drug, any combination of drugs, or drugs combined with alcohol.
Children in the Vehicle
If you are convicted of a drunk or drugged driving offense with a child in your vehicle, the manual says the judge can double your fine and jail time. For example, the maximum for a first DUI rises from 1 year or $1,200 to 2 years or $2,000 when the driver was transporting a minor.
Be the "Make a Plan" Driver
Before you go out, make a plan to get home safely and designate a sober driver, or use a ride service or public transit. If you plan to drink, plan not to drive. Never ride with a driver who has been drinking or using drugs.
Quick Review
- 0.08 = per se DUI; 0.07 = evidence of DWI; under 21 = no alcohol.
- Open containers are prohibited anywhere the driver or passengers can easily reach.
- Prescription drugs can support an impaired-driving charge too.
Which item could be considered an open alcohol container under the Maryland Driver's Manual?
A sealed bottle of wine in the trunk
A six-pack with one missing can on the back seat
A sealed case of beer in a locked trunk
An empty bottle in a recycling bin at home
A 19-year-old driver is stopped after drinking one beer. What is true under Maryland law?
There is no violation unless BAC is 0.08 or higher
The driver may continue if BAC is under 0.05
It violates the under-21 alcohol restriction
Only a warning applies to provisional drivers
Under Maryland law, what does a test result of 0.07 BAC, below 0.08, indicate?
Evidence of DWI
Automatic DUI per se
A presumption that the driver was not impaired by alcohol at all
No legal significance at all
Sections you finish are checked off in the contents.