In Maryland, if a police officer pulls you over on suspicion of impaired driving, they may want you to take a chemical test. This measures your blood alcohol concentration (BAC). For the majority of drivers, with the exception of underage drivers and commercial drivers, the BAC limit is 0.08%.
That said, if you are unwilling to take a breath test, you do have the right to refuse. But do not mistake this for thinking you can skip the test without ramifications. Under implied consent laws, you have already given your consent to a chemical test just by driving on public roads in the state. All drivers automatically provide this consent under the law. Therefore, refusing the test is a violation of implied consent laws and carries its own penalties.
A license suspension
If you refuse to take the test and it is your first offense, you will get a license suspension for 270 days. If you refuse a second time, at a subsequent traffic stop, then you would receive a license suspension of two years.
One important thing to note is that intoxication does not matter here. For instance, you may be 100% sober, so the police could never convict you on drunk driving charges. But if you refused to take a breath test, you would still get a license suspension based on that refusal, even though you were not intoxicated.
Your defense options
Whether you are facing a license suspension or more serious ramifications for drunk driving charges, be sure you know what legal defense options you have at this time.
