Alcohol, drugs and driving

Key points

1. You are driving under the influence at a BAC of .08 or higher.

   Source: Handbook p. 33

   “Maryland considers drivers to be driving under the influence of alcohol when their blood alcohol concentration is .08 or higher.”
   Maryland Driver's Manual, Handbook p. 33

2. Even below .08, any amount of alcohol can affect your ability to drive safely.

   Source: Handbook p. 33

   “Even though Maryland's limit for drunk driving is .08, any amount of alcohol can affect your ability to safely drive a vehicle.”
   Maryland Driver's Manual, Handbook p. 33

3. You cannot judge your BAC by counting drinks, because many things affect how your body handles alcohol.

   Source: Handbook p. 33

   “You cannot simply tell by the number of drinks you have had because many things can affect how your body digests alcohol.”
   Maryland Driver's Manual, Handbook p. 33

4. If you are under 21, it is illegal for you to drink any alcohol.

   Source: Handbook p. 33

   “If you are not yet 21 years old, it is against the law for you to drink any alcohol.”
   Maryland Driver's Manual, Handbook p. 33

5. It is illegal to drive with an open alcohol container in the passenger area.

   Source: Handbook p. 33

   “It is against the law to drive with an open container of alcohol in the passenger area of the vehicle.”
   Maryland Driver's Manual, Handbook p. 33

6. Your license can be suspended or revoked for driving on controlled dangerous substances.

   Source: Handbook p. 33

   “Your license can be suspended or revoked for driving while on controlled dangerous substances.”
   Maryland Driver's Manual, Handbook p. 33

7. Driving impaired after a medication warns you not to drive can bring criminal charges.

   Source: Handbook p. 33

   “If you drive after taking a medication that tells you not to and it impairs your ability to drive safely, you could be charged with a criminal offense.”
   Maryland Driver's Manual, Handbook p. 33

8. With a child in the vehicle, a judge can double the fine and jail time for drunk or drugged driving.

   Source: Handbook p. 34

   “If you are convicted of a drunk or drugged driving offense with a child in your vehicle, the judge can double your fine and jail time.”
   Maryland Driver's Manual, Handbook p. 34

Numbers to know

3 questions from the Maryland practice test

1. 1. For a driver age 21 or older operating a noncommercial vehicle in Maryland, what is the lowest BAC covered by the general alcohol per se threshold?

   1. .04 or higher
   2. .08 or higher
   3. .06 or higher
   4. .10 or higher
   Show answer

   .08 or higher. Maryland considers a driver to be under the influence of alcohol at a blood alcohol concentration of .08 or higher. The lower numbers in the choices are not the threshold stated for this classification, and .10 is above the listed threshold rather than the point at which it begins. Remember that the threshold does not make lower alcohol levels safe or free from other consequences.

2. 2. Where is it illegal to drive with an open alcohol container under Maryland's manual?

   1. Only in a locked trailer behind the vehicle
   2. Only in the trunk of a sedan
   3. In the passenger area of the vehicle
   4. Only when the container is made of glass
   Show answer

   In the passenger area of the vehicle. Maryland prohibits driving with an open alcohol container in the vehicle's passenger area. The rule is not limited to glass, and it does not turn on whether the car is a sedan or whether the container is in a trunk or trailer. The manual treats an open can, bottle, other container, or package as covered, so check both the container and its location.

3. 3. What is the maximum penalty for a first offense of driving under the influence of alcohol in Maryland while transporting a minor?

   1. A written warning for a first offense
   2. Up to 2 years in prison, a $2,000 fine, or both
   3. Up to 2 months in prison, a $500 fine, or both
   4. Up to 1 year in prison, a $1,200 fine, or both
   Show answer

   Up to 2 years in prison, a $2,000 fine, or both. Maryland Transportation Article section 21-902 makes driving under the influence of alcohol while transporting a minor its own offense. For a first offense, the penalty is up to 2 years in prison, a fine up to $2,000, or both. Without a child in the vehicle, a first offense of driving under the influence carries up to 1 year and $1,200, so a child passenger raises both limits. The 2 month and $500 figures belong to the lesser impaired driving offense, and no warning is written into the law. If anyone in the vehicle is a child, arrange a sober driver before the first drink.

Source: the Maryland Driver's Manual, Section 6: Dangerous Driving Behaviors. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.