A police officer stopping you because they suspect you are Driving Under the Influence (DUI) can create a stressful experience all on its own. At that moment, you might wonder whether refusing a breath test could work in your favor. Understanding the consequences can help you make an informed decision.should you find yourself in such a situation.
What the implied consent law means
Under Maryland law, the simple act of driving on public roads constitutes your implied consent to chemical testing, specifically breath and blood tests, if police suspect you of impaired driving. This applies to all drivers on Maryland roadways, regardless of whether they hold a Maryland license.
Police usually cannot physically force you to take a breath test. However, in serious situations involving a crash that causes severe injury or death, the law may allow police to order a blood test. If you choose to decline a test during a standard traffic stop, it will automatically trigger distinct penalties imposed by the Motor Vehicle Administration (MVA).
How the MVA responds to test refusal
According to the MVA, the suspension periods for refusing a breath test are:
- First Offense: A 270-day driver’s license suspension.
- Second and subsequent offenses: A two-year driver’s license suspension. This applies if you have any prior alcohol-related driving incident, regardless of how long ago it occurred. Prior incidents include refusing a chemical test, failing a test with a BAC of 0.08 or higher, or a DUI/DWI conviction.
To contest the suspension and keep your driving privileges until the hearing, postmark your request form within 10 days of the traffic stop; missing this window starts the suspension on the 46th day after the order, though you can still request a hearing within 30 days.
Alternatively, many drivers choose the Ignition Interlock System Program (IISP) to waive the suspension. Participation typically lasts one year for the first or second time, and three years for the third or any subsequent enrollment.
What a refusal may do to your DUI case
The administrative process through the MVA operates entirely separately from any criminal DUI charges you may face. Even without breath test results, prosecutors can still pursue a drunk driving case against you.
In building their case, officers often rely on other observations. These can include erratic driving patterns, slurred speech, bloodshot eyes and your performance on field sobriety tests.
Most importantly, refusing a test can be used against you in court. Prosecutors may argue that you declined the test because you knew it would show impairment and a judge or jury could interpret your refusal as a sign of guilt.
During this time, legal counsel can play a role in addressing both the administrative and criminal track.. They can review the legality of the stop, examine the evidence and outline available defenses.