Thomas V. Mike Miller, Jr., P.A. Over 50 Years Of Experience

Call For A Free Consultation


Clinton: 301-856-3030 Dunkirk: 301-855-3100

Thomas V. Mike Miller, Jr., P.A. is here for you during this difficult time by continuing to remain open and fully functioning. Whether you're having a personal injury, workers comp, family law, protective order, criminal law or traffic defense related issue, our attorneys are available by appointment, phone or video consultations to meet your needs. To schedule a consultation, please call our office at 301-856-3030 or contact us through our website and we will respond promptly.

When doesn't the .08 limit apply with drunk driving?

For as long as you can remember, you have heard that the blood alcohol concentration limit is .08 for drivers in Maryland. Even if you think your ability to drive was not impaired, if your BAC is over the limit, you can get arrested for drunk driving.

But are there any cases where this limit does not apply? There are. Here are three examples:

Driving while impaired

Some states use driving while impaired (DWI) to mean the exact same thing as driving under the influence, but Maryland does not. The DUI limit is .08, but the DWI limit is .07. It is considered a "less severe crime."

Commercial drinking and driving

Commercial drivers can actually get a DUI when they have a BAC that is over .04. The limit is set far lower for them -- half of what it is for most drivers -- to hold them to a high standard. After all, commercial drivers are on the road more often and drive larger, more dangerous vehicles.

Underage drinking

A "zero tolerance" policy is used in Maryland for those who drink and drive when they are under 21 years old. The term "zero tolerance" is a bit misleading, as the BAC limit is actually set at .02 percent. Still, that is so low that even a very small amount of drinking can lead to a DUI arrest, on the grounds that the person should not have had anything to drink.

Are you facing DUI charges under one of these laws? If so, especially if you did not know you could get a DUI while under .08, it is important to look into all of your legal defense options.

Source: FindLaw, "What Are the Maryland DUI Laws?," accessed April 26, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?Schedule your free consultation today!

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Clinton Office Building Dunkirk Office Building

Clinton Office
8808 Old Branch Avenue
P.O. Box 219
Clinton, MD 20735

Phone: 301-856-3030
Fax: 301-856-4029
Clinton Law Office Map

Dunkirk Office
2981 Penwick Lane
Dunkirk, MD 20754

Phone: 301-855-3100
Fax: 301-855-8251
Dunkirk Law Office Map