Can I Be Charged With Drunk Driving Below the Legal Limit?

 Posted on June 18, 2025 in DUI

You might already be familiar with the concept of the "legal limit" when it comes to drunk driving offenses. Under Maryland law, you can be charged with driving under the influence (DUI) if you are pulled over and detained with a blood alcohol concentration (BAC) of at least .08 percent. This may lead you to think that as long as your BAC is below the legal limit, you cannot be charged with a drunk driving offense. However, this is far from the truth. If you have been arrested on drunk driving charges, a Maryland DUI/DWI defense attorney can help.

A conviction of DUI or DWI can have major implications for your future, impacting your permanent record as well as your driving privileges. At Law Offices of Murphy & Price LLP, our attorneys can fight for you in court and work toward an optimal outcome on your behalf.

What Is the Difference Between DUI and DWI?

While it is true that a BAC of .08 percent is the threshold for DUI charges, you can still be charged if you are below the legal limit under certain circumstances. In Maryland, the lesser charge of driving while impaired (DWI) exists to prosecute drivers whose BAC is below .08. Oftentimes, drivers are charged with DWI at a BAC of more than .07 percent but less than .08.

Although DWI carries lighter penalties than DUI, it is still far from ideal. For a conviction of DWI, you could be imprisoned for up to two months. Moreover, your license will be suspended for six months.

Why DUI Per Se Matters

In Maryland, DUI is actually categorized as two separate offenses known as DUI and DUI per se. The penalties associated with both of these crimes are identical. The only difference between the two is that a DUI per se charge is applied when you are found to be above the legal BAC limit.

But what does this mean in practice? In essence, it suggests that police do not need to measure your BAC to determine that you are under the influence. You could also be charged with DUI based on an officer’s observations about your driving and your performance on field sobriety tests.

Underage Drinking Laws in Maryland

When the legal limit is discussed in law, it is assumed that the driver is over 21. For drivers under 21, the law is much more stringent. Under the state’s zero tolerance laws, a motorist below the legal drinking age can be charged with DUI with any detectable amount of alcohol in his or her bloodstream. This means that a test result as low as .02 percent can trigger criminal charges.

Underage DUI convictions frequently come with harsher license penalties to dissuade drinking and driving. If you have been accused of underage DUI, be sure to seek out a lawyer as soon as possible.

Contact an Ocean City, MD Drunk Driving Defense Attorney

You are not safe from criminal charges even if your BAC is below the legal limit. At Law Offices of Murphy & Price LLP, our Worcester County, MD criminal defense lawyers can fight to protect you in court if you have been accused of drunk driving. Call our offices at 410-280-2500 today for a free consultation.