Do I Have to Take a Breathalyzer Test in Maryland?

 Posted on September 13, 2024 in DUI/DWI

In Maryland, when you are pulled over on suspicion of driving under the influence (DUI) or driving while impaired (DWI), you do not have to consent to a breathalyzer test. However, under Maryland's implied consent law, by driving on public roads, you have already agreed to submit to chemical tests, such as breath or blood tests, if an officer has reasonable grounds to suspect impairment. Refusing to take the test is within your rights, but it carries serious consequences, both legally and practically. If you have been arrested for a DUI or for refusing a breathalyzer test, your future may be at stake. Contact a Maryland criminal defense attorney right away.

What Happens if I Refuse the Breathalyzer Test?

Refusing a breathalyzer test in Maryland triggers administrative penalties from the Maryland Motor Vehicle Administration (MVA). If you refuse, your driver’s license will be automatically suspended for 270 days for a first refusal. If you refuse again within five years, the suspension increases to two years. You may also be required to install an ignition interlock device on your vehicle. While refusing the test might prevent the police from obtaining direct evidence of your blood alcohol concentration (BAC), prosecutors can still pursue charges based on other evidence, such as erratic driving, failed field sobriety tests, or officer testimony.

What Charges Could I Face if I Refuse a Breathalyzer?

Even if you refuse a breathalyzer, you can still be charged with DUI or DWI in Maryland. A DUI charge is typically pursued if the officer believes your BAC is 0.08 percent or higher, while DWI is for drivers suspected of having a BAC between 0.04 percent and 0.08 percent or when there is substantial evidence of impaired driving. Without a breath test, officers rely on other observations such as the smell of alcohol, slurred speech, and poor coordination. Additionally, refusal can be used against you in court, as prosecutors may argue that you refused the test because you knew you were impaired.

What Are the Penalties for DUI or DWI in Maryland?

In Maryland, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) refer to different levels of alcohol or drug impairment while driving.

• DUI is the more serious charge, given when a driver has a blood alcohol concentration (BAC) of 0.08% or higher or shows significant impairment by drugs or alcohol. It carries harsher penalties, including higher fines, longer license suspensions, and possible jail time.
• DWI is a lesser charge issued when a driver’s BAC is 0.07% or if there is noticeable impairment despite a lower BAC. While penalties are still significant, they are typically less severe than those for a DUI.

Both charges can result in fines, license restrictions, and a criminal record.

In Maryland, a DUI conviction can result in up to one year in jail, a $1,000 fine, and a six-month license suspension for a first offense. Penalties increase for subsequent offenses. A DWI conviction carries slightly lighter penalties, with up to 60 days in jail and a $500 fine for a first offense. However, if you refuse the breathalyzer, you will face both the administrative penalties from the MVA and the criminal penalties from the DUI or DWI charges, which can compound the impact on your life.

What Should I Do if I Already Refused the Breathalyzer?

If you have refused a breathalyzer test, it is essential to speak with an experienced Maryland DUI attorney immediately. Refusing the test complicates your case, but it does not mean you are out of options. An attorney can help challenge the suspension, fight the DUI or DWI charges, and work to protect your driving privileges and your future.

Contact a Bel Air, Maryland DUI Lawyer

If you have been pulled over and refused a breathalyzer in Maryland, do not wait to get legal help. An aggressive and experienced Towson, MD DUI lawyer at Seger Law, LLC can guide you through the complexities of Maryland DUI laws and fight for the best possible outcome in your case. Call 443-208-4692 today for a consultation.