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Breath Test Refusal In Maryland

If you are stopped for suspected DUI or DWI in Maryland, you will likely be asked to submit to a breathalyzer test. In some cases, you have the right to refuse to submit to the test, However, before you do, it is best to understand the law surrounding breath tests and the consequences of refusing to take one. At The Law Office of Cynthia Christiani, LLC, we represent Maryland residents that have been charged with DUI or DWI and refused a breathalyzer test.

Implied Consent and Why It Matters

Holding a driver’s license is a privilege. When you obtain your license in Maryland, you are considered to have implied your consent to submit to a chemical test should law enforcement reasonably suspect you of DUI. Should you refuse to consent to the breath test in Maryland, you may face additional consequences and risk having your driver’s license suspended or revoked.

Consequences of a Breath Test Refusal In Maryland

Refusing a breath test does not mean you cannot be charged with DUI or DWI. If an officer has reason to suspect that you are driving under the influence, they can still charge you. Typically, this is based on their observation of your speech, appearance, and actions.

Refusal to take a breath test results in an automatic license suspension of 270 days for a first-time refusal. A second refusal results in a suspension of two years. However, if you request a hearing before the Maryland Department of Transportation Motor Vehicle Administration (MVA) within a certain timeframe, you may be able to retain the ability to drive, although it will involve having an ignition interlock system installed in your vehicle and other possible restrictions on when and to where you can drive.

The consequences you face can vary according to your charges and whether or not you were involved in an accident. Speaking with an attorney can provide clarification. You must request a hearing with the MVA within ten (10) days, so it is imperative that you speak with a criminal defense attorney as soon as possible.

Consult With Our Maryland DUI Lawyer Today

If you have refused a breathalyzer test and want to learn more about the options available, contact The Law Office of Cynthia Christiani, LLC. Our firm concentrates on defending people facing criminal charges, and we can provide you with a defense that best supports your case. We may be reached via our contact page.