Some people mistakenly believe that police officers can only arrest someone for drunk driving when they display poor control of a vehicle. However, police officers can pull someone over for an unrelated issue and then eventually arrest a driver for impairment at the wheel.
Frequently, motorists make mistakes that end up contributing to a case against them in criminal court. They may offer information to an officer that raises concerns about possible intoxication. They may also believe they have to comply with every request an officer makes. Confusion about Maryland’s implied consent law can lead to drivers making mistakes that put them at greater risk of prosecution.
What is the implied consent law?
Every person has a right guaranteed by the Constitution to be free from unreasonable searches and property seizures. To prevent people from asserting that a chemical test related to drunk driving allegations was illegal, Maryland has a law effectively allowing officers to perform chemical tests in specific situations. The implied consent statute effectively states that those driving on Maryland roads have already given their implied consent to chemical testing when an officer has grounds to arrest them. In other words, a driver taken into state custody violates the law if they refuse a breath test. Doing so can potentially lead to additional penalties, typically in the form of a license suspension.
What do people get wrong about implied consent?
There are two main mistakes that people make when it comes to the state’s implied consent law. Some people believe it forces them to submit to a breath test anytime an officer requests one. That simply isn’t the case. Many people also believe that the implied consent statute requires that they submit to a field sobriety test. In reality, field sobriety testing is not mandatory under Maryland’s implied consent law. Officers can ask people to perform field sobriety tests, but they cannot force them to do so.
Frequently, confusion about the implied consent law leads to people making mistakes that strengthen the state’s case against them. Motorists who learn more about the rules in place for their protection can better respond to a traffic stop. They can also potentially recognize when behavior has violated their rights and could contribute to their drunk driving defense strategy. Challenging inappropriate police conduct is one common defense tactic used by those accused of impaired driving in Maryland.