Law Offices of Thomas C. Mooney - Criminal Defense
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What if I decide not to take an alcohol test at a traffic stop?

Getting pulled over for drunk driving can be one of the most humiliating experiences of your life. You naturally may worry about how being convicted of driving under the influence may impact your reputation and potential future job opportunities in addition to resulting in jail time, a fine and the suspension of your driver's license. However, you have the right to refuse to submit to an alcohol test during a traffic stop in Maryland.

If you decide not to complete a test to determine the alcohol concentration in your blood, the police will take your Maryland driver's license, if you have one, and issue you a paper temporary license. Then, a case will be prepared for the Maryland Department of Transportation Motor Vehicle Administration (MVA) file.

Documents you may receive after being stopped for DUI

When you are stopped by police for driving under the influence, one important document you will receive is the Officer's Certification and Order of Suspension form. This form includes details about the incident, whether you completed an alcohol test and your pending suspension. If your license ended up being confiscated, you might receive authorization to use your temporary license.

You will also receive an Advice of Rights form. This form details the administrative relations tied to your driving privilege in Maryland. This form additionally goes over extra penalties that might be imposed, as well as the opportunity you have to take part in the Ignition Interlock Program. On this form, you have to indicate that you refuse to take the alcohol test, and both you and the police officer have to sign the form and date it.

What are my next steps?

In Maryland, it is within your right to request a hearing with the MVA within 10 days following your DUI arrest to prevent your license from being suspended. This request needs to be made in writing. If you do not file a request for an administrative hearing, your driving privilege will end up being suspended on the 46th day following the Order of Suspension.

A conviction of driving under the influence can leave collateral damage, but a knowledgeable DUI attorney in the state of Maryland can work with you so that you understand your priorities. Your attorney will then put together the unique defense strategy needed to give you the best chance possible to achieve the results you desire considering the circumstances surrounding your case.

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