When law enforcement in Maryland suspects a driver of being under the influence, they may request a breathalyzer test. This test measures blood alcohol concentration and plays a crucial role in DUI investigations. While some drivers may consider refusing the test, it is essential to understand the potential consequences of this decision.
1. Immediate license suspension
Refusing a breathalyzer in Maryland may result in an immediate administrative license suspension. Under Maryland’s implied consent law, drivers agree to submit to chemical tests when they obtain a driver’s license. If you refuse, the Motor Vehicle Administration (MVA) will suspend your license typically for 270 days for the first offense and a year for subsequent offenses. This suspension occurs independently of any criminal proceedings.
2. Use in criminal proceedings
They can use your refusal as evidence against you in court. Prosecutors may argue that you refused the test because you knew of your intoxication. While refusing a breathalyzer does not automatically prove guilt, it can influence a judge or jury’s perception of your case. This factor may complicate your defense and lead to harsher penalties if convicted.
3. Eligibility for ignition interlock
If you refuse a breathalyzer, you may become ineligible for the Ignition Interlock Program, which allows individuals to drive with a restricted license. There is still a chance for individuals who refuse the test. They may still be eligible for the program but may have different terms and conditions than those who comply with the test.
Instead of facing a lengthy suspension, this program provides an alternative by requiring you to install a device that prevents your car from starting if it detects alcohol on your breath. Without access to this program, you may face extended periods without driving privileges.
Weighing your options
Refusing a breathalyzer in Maryland carries significant consequences that can impact your driving privileges and legal standing. Understanding these potential outcomes helps you make informed decisions if faced with a DUI stop. For further guidance tailored to your situation, you may want to seek help from a legal professional. They can help you navigate the process with knowledge and confidence.