DRINKING AND DRIVING IN MARYLAND: A SPECIAL REPORT, 1979

Basic principles of blood alcohol content (BAC) and risk of accident, serious injury, and death in motor vehicles are examined, along with pertinent Maryland data. Maryland's present drinking and driving law, including its strengths and weaknesses, and possible alternatives are examined. One-half of all Maryland traffic fatalities and serious injury highway accidents are directly attributable to drinking and driving. Recently, the average BAC of the victims has been .144%. In 1969, the Maryland drinking/driving law was changed to include an express consent statute relating to the chemical test for alcohol content, and a two-step system for prosecuting DUI (driving while under the influence) offenders (driving while intoxicated at .15% BAC and above, driving while impaired at .10% and above). The penalties are both judicial (jail terms and fines) and administrative (suspension or revocation of license); the court or Motor Vehicle Administration can also make other suggestions, primarily concerned with rehabilitation and education. While the law change had an initial impact, the DUI arrest rate has remained relatively low; a high percentage (38% in 1977 and 1978) of persons refuse to take the chemical test. Since refusal cannot be used as evidence against the defendant or counted as an alcohol-related offense, the use of probation before judgment, rather than a finding of guilt or innocence, is common. The maximum penalty in Maryland at .15% BAC (revocation) compares with the maximum penalties in other states at .10% BAC; there is no minimum sanction. Suggested alternatives include mandatory administrative sanctions for driving while intoxicated or impaired, lowering the limits to .08% and .10% (the legal limit recommended by the Department of Transportation), and increasing time of license suspension for refusal to take a BAC test.