The Consequences of Refusing a Breathalyzer Test in Maryland

Facing a DUI charge can be an overwhelming experience, especially when you’re uncertain about the steps you should take. One critical decision drivers often face is whether to submit to a breathalyzer test when pulled over by law enforcement. In Maryland, refusing a breathalyzer test has significant legal and administrative consequences that every driver should be aware of.

Understanding the ramifications of refusing a breathalyzer test can help you make an informed decision and prepare for any legal challenges that may arise. This article will guide you through the immediate actions taken by law enforcement, the penalties for refusal, possible defenses, and the importance of having an experienced attorney by your side.

What Happens When You Refuse a Breathalyzer Test?

When you are pulled over on suspicion of driving under the influence, an officer may ask you to take a breathalyzer test to measure your blood alcohol concentration (BAC). In Maryland, by operating a vehicle, you have implicitly agreed to submit to chemical testing if suspected of DUI. This is known as the “implied consent” law.

If you refuse to take the breathalyzer test, several things happen immediately:

License Confiscation: The officer will confiscate your driver’s license on the spot, as long as you have a Maryland license. If you are an out of state driver your refusal could have different results.
Issuance of Temporary License: You will receive a temporary paper license, or DR-15A valid for 45 days.
Order of Suspension: Your DR-15A contains the Order of Suspension, which informs you of the suspension of your driving privileges.

Legal Penalties for Refusal

Refusing a breathalyzer test in Maryland carries substantial penalties, often more severe than those for failing the test. Here are the potential penalties:

First Offense: A 270-day suspension of your driver’s license.
Second or Subsequent Offense: A two-year suspension of your driver’s license.
Ignition Interlock Requirement: If you’d like to avoid the above suspensions, you will need to install an ignition interlock.

These penalties are in addition to any consequences resulting from the DUI charge itself. For instance, if convicted of DUI, you could face fines, jail time, and other penalties, which are compounded by the refusal.

Administrative Penalties

The Maryland Motor Vehicle Administration (MVA) handles the administrative side of DUI penalties. Here’s what you can expect:

Hearing Request: You have the right to request an administrative hearing within 10 days of your arrest to contest the suspension.
Ignition Interlock Device: You may be required to install an ignition interlock device (IID) on your vehicle for one year if you refuse the test.

The administrative penalties can significantly impact your daily life, especially if you rely on your vehicle for work or family responsibilities.

Breathalyzer vs PBT

A Preliminary Breath Test (PBT) is a portable device used by police to estimate blood alcohol concentration (BAC) at the roadside. It is not admissible in court but helps establish probable cause. A Breathalyzer, however, is a more sophisticated device used at the police station to measure BAC accurately, and its results are admissible in court. Refusing a Breathalyzer can lead to severe penalties, while refusing a PBT has fewer immediate consequences. Understanding the differences is crucial when facing DUI charges.

Possible Defenses Against Refusal Charges

While refusing a breathalyzer test carries serious consequences, there are possible defenses that an experienced DUI attorney can explore:

Lack of Reasonable Grounds: The officer must have a valid reason to believe you were driving under the influence. If reasonable grounds are lacking, the refusal may be contested.
Improper Procedure: If the officer did not follow proper protocol in administering the breathalyzer test, this could be a defense.
Improper Advice: If the officer misstated the penalties related to refusing a breath test, your test might be kept out of an administrative hearing.
Medical Conditions: Certain medical conditions can affect your ability to take a breathalyzer test or provide a valid sample.

How Refusal Can Affect Your DUI Case

Refusing a breathalyzer test can complicate your DUI case. While it may prevent the prosecution from obtaining direct evidence of your BAC, it can also be seen as an admission of guilt. Judges and juries may view refusal unfavorably, which could impact the outcome of your case.

Moreover, the prosecution can still rely on other evidence such as:

Field Sobriety Tests: Observations made by the officer during field sobriety tests.
Witness Testimony: Statements from passengers or other witnesses.
Video Evidence: Dashboard or body camera footage showing your behavior and condition at the time of the stop.

You may be wondering, should I provide a breath sample in a Maryland DUI?

The Role of an Attorney

Given the complexities of DUI and refusal cases, it is crucial to have a skilled attorney by your side. A DUI attorney can help in several ways:

Legal Representation: Defend you in court and at administrative hearings.
Evidence Review: Examine the evidence against you and identify weaknesses in the prosecution’s case.
Negotiation: Negotiate with prosecutors to potentially reduce charges or penalties.
Guidance: Provide advice on the best course of action and help you understand your rights and options.

At FrizWoods LLC, our attorneys are experienced in handling DUI and refusal cases. We understand the local laws and court systems, and we are dedicated to achieving the best possible outcome for our clients.

Conclusion

Refusing a breathalyzer test in Maryland can lead to severe consequences, including lengthy license suspensions and added complexities in your DUI case. It is essential to understand your rights and the potential outcomes of your decisions. Consulting with an experienced DUI attorney can provide the guidance and representation needed to navigate these challenges effectively.

If you are facing DUI charges or have refused a breathalyzer test, contact FrizWoods LLC today to schedule a consultation. Our experienced attorneys are here to help you through this difficult time and ensure your rights are protected.

Frequently Asked Questions

What is the implied consent law in Maryland?

The implied consent law in Maryland means that by driving on Maryland roads, you automatically consent to submit to chemical tests (such as a breathalyzer) if law enforcement has reasonable grounds to suspect you of driving under the influence.

Can I refuse a breathalyzer test in Maryland?

Yes, you can refuse a breathalyzer test in Maryland, but it comes with significant consequences, including an automatic suspension of your driver’s license for 270 days for a first offense and two years for subsequent offenses.

What are the penalties for refusing a breathalyzer test in Maryland?

The penalties for refusing a breathalyzer test in Maryland include a 270-day license suspension for the first offense and a two-year suspension for subsequent offenses. Additionally, you may be required to install an ignition interlock device on your vehicle.

How can an attorney help with my refusal charge?

An attorney can help by representing you in court and at MVA hearings, reviewing the evidence against you, identifying potential defenses, negotiating with prosecutors, and guiding you through the legal process to achieve the best possible outcome.

Is it better to refuse a breathalyzer test or take it?

The decision to refuse or take a breathalyzer test depends on the specific circumstances of your case. While refusal can lead to automatic penalties, taking the test can provide the prosecution with evidence against you. Consulting with an attorney can help you make an informed decision based on your situation.

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