Yes. In Maryland, you can absolutely be charged with and convicted of a DUI even if your breathalyzer result was below 0.08%. A BAC reading under the legal limit does not automatically clear you. Prosecutors can still pursue charges based on observed impairment, field sobriety test results, and other evidence gathered during the stop.
How Do Maryland DUI and DWI Charges Work?
Maryland law recognizes two separate alcohol-related driving offenses, and understanding the difference is key to knowing why a low BAC doesn’t necessarily protect you.
A DUI (driving under the influence) charge applies when your BAC is 0.08% or higher. At that level, the law presumes you were impaired — prosecutors don’t need to prove anything beyond the number itself.
A DWI (driving while impaired) charge, on the other hand, can apply at a much lower BAC. If your BAC falls between 0.04% and 0.07%, or if the officer observed signs of impairment during the stop, you can still face criminal charges. DWI is a lesser offense than DUI, but it still carries jail time, fines, license points, and a criminal record.
In some cases, prosecutors may even charge a DUI when the BAC is below 0.08% if other evidence strongly suggests impairment, for example, if you caused an accident or showed significant physical signs of intoxication.
What Evidence Can Be Used Against You Besides BAC?
A breathalyzer result is just one piece of the puzzle. When your BAC comes back under 0.08%, prosecutors often lean harder on other types of evidence to build their case. This includes the officer’s observations during the traffic stop: how you were driving before being pulled over, whether you had bloodshot eyes, slurred speech, or difficulty following instructions, and whether there was a smell of alcohol in the vehicle.
Field sobriety tests carry significant weight in these situations. If the officer documented that you struggled with the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test, that performance can be used as evidence of impairment even if your BAC was relatively low.
Dashcam and bodycam footage can also work against you, as can statements you made during the stop. If you told the officer how many drinks you had or admitted to feeling impaired, that admission becomes part of the state’s case.
Can You Be Convicted of DUI With a BAC Below 0.08%?
A DUI conviction with a BAC under 0.08% is less common but possible. Prosecutors would need to show, through other evidence, that you were substantially impaired while driving. This is a harder case to make, but it happens, particularly when there’s an accident, poor driving behavior, or clear physical signs of intoxication.
A DWI conviction with a low BAC is easier for the state to prove. Maryland law sets a lower bar for proving impairment under the DWI statute, and a BAC between 0.04% and 0.07% creates a presumption in favor of the charge.
Either way, both DUI and DWI are criminal offenses in Maryland. A conviction on either charge goes on your record and can affect your license, your employment, and your future.
Why a Low BAC Doesn’t Mean Your Case Is Over
Many drivers assume that blowing under 0.08% means they’re in the clear. It’s one of the most common and most dangerous misunderstandings in DUI defense. A low BAC result may help your case, but it doesn’t end it.
What a low BAC does give you is an opening. It creates room for your defense attorney to argue that the state’s evidence doesn’t meet the standard for either a DUI or DWI conviction. The weaker the BAC number, the more the state depends on subjective evidence — and such evidence can be challenged.
That’s where a strong defense matters. We look at how the field sobriety tests were administered, whether the breathalyzer was properly calibrated, and whether the officer followed correct procedures at every stage. If the evidence doesn’t hold up under scrutiny, we push for a reduction or dismissal.
Talk to an Annapolis DUI Defense Attorney Today
If you blew under the limit and still got charged, don’t assume the case will resolve on its own. You have options, and acting early gives us the best chance to protect your record and your driving privileges. At Hartman Attorneys at Law, Attorney Christian Hartman is available 24/7 and handles every case personally. Contact us for a free consultation.