Drunk driving arrests in Maryland can be an unsettling experience. When a law enforcement officer pulls you over on suspicion of drunk driving, they may ask you to submit to a chemical test, such as a Breathalyzer, to determine your blood alcohol concentration (BAC). While Maryland law allows you to refuse this test, it is critical to understand the legal consequences before making that decision.
Implied Consent Laws in Maryland
Under Maryland’s implied consent law, when you obtain a driver’s license and operate a vehicle on public roads, you automatically agree to submit to a chemical test if requested by a law enforcement officer who suspects impaired driving.
Although you technically have the right to refuse a Breathalyzer or other chemical test, that refusal comes with mandatory penalties.
Consequences of Refusing a Breathalyzer Test
If you refuse to take a Breathalyzer test in Maryland, your driver’s license will be suspended immediately. A second refusal results in an even longer suspension of your driving privileges.
To regain your driving privileges, you must request a hearing within 10 days of the suspension. In most cases, reinstatement also requires you to agree to install an ignition interlock device in your vehicle at your own expense.
Making an Informed Decision
Understanding your rights and obligations during a drunk driving arrest is essential. Refusing a chemical test may seem like a way to avoid evidence being used against you, but it can also lead to significant administrative penalties, including the loss of your driver’s license for an extended period.
Because the consequences can be severe, it is important to make an informed decision when asked to submit to a Breathalyzer or other chemical test.
If you require legal assistance with criminal law in Maryland, you may schedule a complimentary initial consultation with the Bauhof Legal team.
Every criminal case is unique, and this website is not intended to offer legal counsel. Please feel free to contact us at brad@bauhoflegal.com or call +1 (410) 876 4500.
