Driving Under the Influence & Maryland Law

In the early history of the United States, just as today, residents of Maryland and each of the other 13 original colonies wanted to remain independent of each other by following their own conscience and enacting their own laws. Therefore, Maryland law is distinct in wording from that of other states. However, much of the time, Maryland statutes are remarkably similar in intent to those of other states.

For example, in regards to driving while under the influence of intoxicating liquor, Maryland law states that a person driving with an alcohol concentration of .05 milligrams of alcohol per deciliters of blood or less is “presumed not under the influence of alcohol.” If the alcohol concentration is more than .05 but less than .07, the “fact may not give rise to any presumption that the person was or was not under the influence of alcohol.”  A person driving with an alcohol concentration of at least .07 but less than .08 “shall be prima facie evidence that the person was driving while impaired by alcohol.” If the person has a concentration of .08 or more, “the person shall be considered under the influence of alcohol.”

In Arizona, on the other hand, a .05 alcohol concentration “may be presumed that the defendant was not under the influence of intoxicating liquor.” When the concentration is in excess of .05 but less than .08 “that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor.” If the concentration is .08 or higher “it may be presumed that the defendant was under the influence of intoxicating liquor.”

Notice how the wording changes slightly. However, even nuances such as the words “shall be considered” used in Maryland, and the words “may be presumed” in Arizona can give rise to all kinds of legal arguments in either state. That is one reason you should hire a good lawyer if you are the accident victim of a driver who was driving under the influence of alcohol or drugs.

Maryland law can have such subtleties included in all of its criminal, tort and traffic laws. Auto accidents, truck accidents and motorcycle accidents are some of the most common events following which injured victims most need a good personal injury lawyer to represent them. When another driver is at fault and causes the death or serious injury of you or a member of your family, the insurance company of that driver will likely want to settle quickly, for much less than you deserve.

Check with a good personal injury lawyer before you sign any papers with an insurance company. It could make quite a difference in your life, especially if you have long-term injuries that could threaten your ability to remain fully employed.