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Do I have to yield to a Breathalyzer test in Maryland?

On Behalf of | Nov 14, 2022 | Drunk Driving

Every driver requires a great deal of focus and situational awareness to operate a motor vehicle safely. It is for this very reason that Maryland, just like all the other states, prohibits drunk driving. A conviction for impaired driving can lead to serious legal and personal consequences.

However, to facilitate your impaired driving charge, law enforcement must obtain adequate evidence. And this is where a Breathalyzer test comes in. Basically, this test determines your blood alcohol content (BAC) level at the time of the stop. But do you have to yield to this test?

Maryland is an implied consent state

Maryland is an implied consent state. This means that when you obtain a driver’s license, you automatically give law enforcement permission to stop and investigate you for drunk driving if they have reasonable suspicion that you are driving under influence.

If the police suspect that you are driving under influence, they will direct you to take a breath, blood or urine test to determine if your BAC level exceeds the legal limits

So what happens if you refuse to yield to the Breathalyzer test?

Maryland’s implied consent law will go into effect as soon as you refuse to yield to the Breathalyzer test.  Firstly, your driver’s license will be automatically suspended for 270 days, hoping this is the first refusal. Subsequent refusals can lead to lengthy suspensions.

Secondly, your drunk driving charge will not go away. And besides the drunk driving charge (which you will have a difficult time winning), you will face an additional charge.

Whether you are drunk or not, refusing a Breathalyzer test can only compound your problems. Find out how you can defend yourself and safeguard your rights and interests when charged with drunk driving in Maryland.