Study Notes on Alcohol Regulatory Framework

Maryland Alcohol Laws

• Age Restriction: Individuals under 21 cannot operate a vehicle with a BAC of .02 or higher.
• ** serious levels of intoxication**: - .30 or higher: transportation for medical evaluation; - .40 or higher: potential coma.

Disposition of Offenders

• Intoxicated individuals cannot be released on their own recognizance.
• Release protocols include custodians such as military commanders or family members.
• juveniles require a guardian's contact within 30 minutes for release.

Chemical Testing Equipment

• Intoxilyzer is the primary evidentiary test. Use of Intoximeter at Maryland State Police Barracks.
• A person must register a 0.03% BrAC or lower to be released on their own recognizance.

Command Requested BrAC

• Unit commanders may request a search; proper paperwork needed.
• Non-Implied Consent Mode: No entries to the logbook; assured deprivation period.

SFST and Processing Regulations

• Standardized Field Sobriety Tests (SFST) are required for suspected DUI.
• Implied consent advisement is mandatory.
• Preliminary Breath Test (PBT): Not the sole basis for arrest; results cannot be disclosed until after a breath sample is taken.

DWI/DUI Levels of Impairment

• Per Se: .08% BAC is a presumption for DUI for both military and civilian.
• DWI (Driving While Impaired): .05% to .079% BAC.
• Commercial Drivers: .04% to .079% are in violation of mandatory alcohol restrictions.

Documentation Requirements

• Complete DD Form 1920 for suspected DUI cases.
• Document detailed statements and observations.
• An AFJIS report is required for all cases of DWI/DUI processing, including cases of .00 on the Intoximeter.