Personal Attention.
Aggressive Defense.

Photo of Thomas C. Mooney

Should You Refuse The Breath Test?

The growth nationwide of the DUI industry has created an entire set of subsidiary legal issues that must be dealt with. These issues include field sobriety tests, breath alcohol tests, blood tests and urine tests.

Should you take any or all of these tests? Our judgment is that:

  • You may refuse the field sobriety tests (walking a straight line, touching your nose, etc.) because they are not mandatory, and refusal is not a crime.
  • You should not refuse the Breathalyzer test, because refusal adds another charge to your arrest, and will certainly cause you to lose your license. If you have not been drinking, you should welcome the breath test.
  • The blood and urine tests are less conclusive than the breath test. They are better at detecting the presence of drugs in your system. If you have been drinking and are given a choice, choose one of them.

These tests have created a mountain of case law over the past 30 years. Our firm is proud of its familiarity with all these precedents, and will use them when they are relevant to your case.

Upper Marlboro License Suspension Attorneys

Not every drunk driving problem is criminal. DUI also leads to administrative hearings to resolve the status of your driver’s license. If you fail to request an MVA hearing within 10 days of your arrest, your driving privileges are gone for the next six months. This is one more reason to call a skilled DUI lawyer immediately upon your arrest.

Our law firm also assists individuals seeking to minimize the points put on your driving record, and in fighting the installation of an ignition interlock device on your car.

Should you refuse the breath test? Contact the Rockville, Maryland, Breathalyzer refusal defense attorneys at Law Offices of Thomas C. Mooney at 301-579-3429.