Maryland Advice of Rights Form and Section 16-205.1
After a Maryland DUI arrest, an officer may ask you to take a breath or blood test. Before you accept or refuse that test, the officer must advise you of the consequences. This advisement is typically provided by reading, giving you, or playing an audio recording of the DR-15 Advice of Rights form.
The form can be difficult to process during an arrest. You may be tired, stressed, or hearing a long audio recording late at night. Even so, the decision you make can affect both your driver's license and your DUI case.
What Is Maryland Transportation Article Section 16-205.1?
Maryland Transportation Article Section 16-205.1 is the legal foundation for the state's implied consent process. By driving on Maryland roads, a driver gives implied consent to chemical testing when law enforcement has reasonable grounds to suspect DUI or DWI and requests a breath or blood test after an arrest.
Implied consent does not mean that a driver has no choice. A driver may accept or refuse the requested test, but either decision can carry consequences. The Advice of Rights form is intended to explain those consequences before the driver decides.
What Is the DR-15 Advice of Rights Form?
The DR-15 is the form used to advise a driver about the potential consequences of taking or refusing a chemical test. The officer may:
- Give the driver the form to review
- Read the form aloud
- Play an audio version of the advisement
The driver is then asked to sign and indicate whether they accept or refuse the test.
This is not the same as a Miranda warning. The Advice of Rights form addresses chemical testing and possible MVA consequences. It does not explain the right to remain silent or the other warnings commonly associated with police questioning.
DR-15 Compared With DR-15A
The similar names can cause confusion, but the forms serve different purposes:
- DR-15: The Advice of Rights form used before a driver accepts or refuses chemical testing.
- DR-15A: The Notice of Suspension/Revocation and temporary paper license issued after qualifying test results or a refusal.
The DR-15A starts important administrative deadlines. It also identifies the MVA action involving the driver's license.
What Happens If You Refuse the Test?
Refusing a station breath test or requested blood test can lead to administrative and criminal-case consequences.
For the driver's license, the available source material identifies:
- A 270-day suspension for a first refusal
- A two-year suspension for a second or subsequent refusal
- The possibility of using an ignition interlock device instead of serving the listed suspension
A refusal may also be introduced in the criminal DUI case. Prosecutors may argue that the driver refused because they believed the result would be unfavorable. At the same time, without a chemical test result, the State may rely more heavily on field sobriety tests, officer observations, witness testimony, and video evidence.
Learn more about the consequences of refusing a breathalyzer in Maryland.
What Happens If You Take the Test?
If a driver takes the test and the result is 0.08 or higher, the MVA may seek to suspend the driver's license. The chemical test result may also become evidence in the criminal DUI case.
Taking the test and refusing the test present different risks. The right choice depends on the specific facts, including prior DUI history, the circumstances of the arrest, and the available evidence.
Can Problems With the Advice of Rights Affect an MVA Case?
Yes. The advisement itself can become an issue at a Section 16-205.1 MVA hearing. Potential issues identified in the available materials include:
- The officer did not properly advise the driver of the consequences
- The officer misstated the penalties for refusing
- Required paperwork was incomplete or submitted incorrectly
- The officer lacked reasonable grounds for the DUI arrest or test request
- A medical condition affected the driver's ability to provide a valid sample
An advisement problem does not automatically end every case. The exact language used, the recording, the signed paperwork, police reports, and body camera footage may all matter.
The MVA Case Is Separate From the DUI Charge
A Section 16-205.1 license case is administrative. It is handled through the Maryland Motor Vehicle Administration and the Office of Administrative Hearings, not the criminal court deciding the DUI charge.
An MVA hearing focuses on what happens to the driver's license. Possible outcomes discussed in the source materials include:
- No suspension
- A restricted or modified license
- Ignition interlock
- Suspension
The administrative case and criminal case are separate, but the same arrest, test decision, and police paperwork may affect both.
Deadlines After Receiving a DR-15A
The DR-15A contains the Order of Suspension and starts short deadlines:
- Request a hearing within 10 days to keep driving while the hearing is pending
- Request a hearing within 30 days to contest the suspension
- Absent the applicable hearing request or ignition-interlock election, the suspension generally begins on the 46th day after the Order of Suspension
Missing a deadline can limit the available options. A driver who receives a DR-15A should review it promptly and consider speaking with a Maryland DUI lawyer.
How a Lawyer Reviews an Advice of Rights Case
An attorney can compare the Advice of Rights process with the police reports, body camera footage, test records, and MVA paperwork. That review may address:
- Whether the officer had reasonable grounds to request the test
- How and when the DR-15 advisement was given
- Whether the driver clearly accepted or refused testing
- Whether the officer accurately completed and submitted the forms
- Whether the test procedure was properly followed
- Whether to request an MVA hearing or pursue ignition interlock
The defense strategy should also account for the separate criminal DUI case. A decision that helps with immediate driving privileges may affect how the overall case is handled.
Frequently Asked Questions
Is the Advice of Rights form the same as Miranda rights?
No. The Advice of Rights form explains chemical testing and potential MVA consequences. Miranda warnings concern police questioning and the right to remain silent.
Do I have to sign the DR-15?
The available materials state that the driver is asked to sign and indicate whether they accept or refuse the test. A lawyer can review the form and available video to determine what occurred in a particular case.
Is the roadside preliminary breath test covered by the same refusal penalties?
The preliminary breath test used at the roadside is different from the chemical breath test generally administered at the police station. The available materials state that refusal of the preliminary test is not admissible in the criminal trial, while refusal of the station test can carry license consequences and may be used in court.
Can I challenge a license suspension based on an improper advisement?
Potentially. Inadequate or inaccurate advice, paperwork errors, and procedural problems may be raised at an MVA hearing. The result depends on the facts and evidence.
How quickly should I request an MVA hearing?
The available materials state that a hearing request should be made within 10 days to keep driving while the case is pending. The overall request deadline is 30 days.
Talk With a Maryland DUI Lawyer
If you received an Advice of Rights form or DR-15A after a DUI arrest, the testing decision and hearing deadlines may affect your ability to drive. FrizWoods represents drivers in Maryland MVA hearings and criminal DUI cases.
Contact FrizWoods to discuss the forms, the deadlines, and the available options.