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The short answer
In Maryland, 0.08 BAC is the per-se DUI limit. A 0.07 BAC can support a DWI charge. Drivers may still face charges below those numbers when other evidence suggests impairment.
Two other limits matter: 0.04 for commercial drivers and 0.02 for drivers under 21.
What each BAC number means
| BAC | What it may mean in Maryland |
|---|---|
| Below 0.07 | A charge may still be possible if police claim other evidence shows impairment. |
| 0.07 | May support a DWI allegation. |
| 0.08–0.14 | Triggers a 180-day administrative suspension. At an MVA hearing, a judge may grant a restricted license for qualifying work, alcohol education or treatment, school, or necessary medical travel; an eligible driver may instead elect 180 days of ignition interlock. |
| 0.15 or higher | A non-interlock restricted license is not available. If the suspension is upheld and the driver needs to keep driving, the restricted-license modification is one year in the Ignition Interlock Program. |
A BAC chart is only an estimate
Weight, food, time, medications, body composition, and drink size all affect alcohol concentration. A chart cannot tell you whether you are safe to drive and cannot predict a test result.
Why the test result may not tell the whole story
- The device may not have been maintained or used correctly.
- The required observation and testing procedures may not have been followed.
- Medical conditions can affect breath-test results.
- Your BAC may have been rising between the traffic stop and the test.
- Blood samples can raise collection, storage, and chain-of-custody issues.
What to do after a DUI or DWI arrest
- Keep every citation, test paper, and temporary-license document.
- Write down what happened while it is fresh.
- Do not post about the stop or try to explain it online.
- Follow the deadline printed on your MVA paperwork and speak with counsel promptly.
Learn more about our Maryland DUI and DWI defense practice, or call 410.268.5515.
Reviewed / Updated August 2026. This article provides general information about Maryland law and is not legal advice.