What happens if you refuse a breathalyzer in Maryland? In Maryland, if you’re stopped by law enforcement on suspicion of driving under the influence, you can refuse a breathalyzer test, but this choice comes with consequences under the state’s implied consent law. By driving on Maryland roads, you’ve implicitly agreed to submit to such tests, and refusing can trigger penalties. In specific scenarios, declining the test might work in your favor, but it’s crucial to understand the potential repercussions and whether it’s the right choice for your situation. To explore your options or get personalized advice, reach out to schedule a consultation with a Maryland DUI attorney from the KGO Law Firm today.
What Happens If You Say No to a Breathalyzer Test?
Driving in Maryland is a privilege, and refusing a breathalyzer test violates the state’s implied consent law, resulting in significant penalties
For a first refusal, your license will be suspended for 270 days. A second or subsequent refusal extends that suspension to a full year. These are lengthy periods without driving privileges, and there’s no option to shorten the suspension through standard means.
Can You Regain Driving Privileges After Refusing?
Enrolling in the ignition interlock program is the only way to restore limited driving rights after a refusal. This system, however, comes with its hurdles. You’ll need to cover the installation costs, ongoing maintenance, and monitoring fees. Driving with an interlock device requires you to blow into it while operating your vehicle periodically. The device can sense even tiny amounts of alcohol, and if it flags you repeatedly, the Motor Vehicle Administration (MVA) may revoke your interlock privilege, reverting you to a full suspension.
Refusing as a Commercial Driver’s License (CDL) Holder
The stakes are even higher for those with a commercial driver’s license. If you refuse a breathalyzer test—even while driving a personal vehicle—your CDL could be disqualified for one year. A second refusal might result in a lifetime ban. For CDL holders, this decision could determine whether you can continue earning a living, making it a critical choice to weigh carefully.
Why Refusing Might Be Beneficial
Declining a breathalyzer test can offer advantages, particularly when it comes to evidence in court. If you take the test and register a BAC of 0.08 or higher, the prosecution gains a powerful tool to prove you were driving impaired. Judges often rely heavily on this result to infer guilt. Without that BAC reading, the state may struggle to build a solid case against you, potentially weakening its position.
However, this benefit comes with a trade-off. Refusing triggers automatic MVA penalties, like the license suspensions mentioned earlier, while taking the test risks providing the state with concrete evidence if the result is unfavorable. It’s a delicate balance between administrative consequences and courtroom defense.
Consulting an Attorney Before Deciding
Given these stakes, speaking with a lawyer before deciding whether to take the test can be invaluable. If you request a phone consultation with an attorney, officers may allow it within reason, but Maryland law doesn’t guarantee this right before a breathalyzer test. Officers must administer the test within two hours of the stop, and if your request for legal advice delays this window, they may mark it as a refusal. Having that conversation, if permitted, could clarify your best course of action.
For expert guidance on breathalyzer refusals or to discuss your DUI case, contact KGO Law Firm to arrange a consultation with a skilled Maryland DUI attorney.
