If you’ve been pulled over by law enforcement and asked to take a breathalyzer test, you may wonder, “Can I refuse a breathalyzer test in Maryland?” It’s a common question, especially if you’re heading back home after a few drinks, suspect you may have had too much to drink, or are concerned about the consequences of failing the test.
While you have the right to refuse a breathalyzer test in Maryland, it’s not always a good idea. Your refusal could later become evidence the prosecution uses against you should your case proceed to court. So, if you’re asking yourself this question, it’s important to understand your legal rights, the consequences of refusing a breathalyzer, and how a criminal defense lawyer can help.
Understanding Your Legal Rights in Maryland
When you operate a motor vehicle in Maryland, you’re subject to a legal principle known as implied consent. If a police officer stops you because they suspect you’re driving under the influence (DUI), this implied consent law means you automatically agree to submit to certain tests.
These tests can include breath, blood, or urine tests if the law enforcement officer has reasonable grounds to believe you are driving while impaired.
Implied Consent Law
Md. Code Ann., Transp. § 16-205.1 outlines the state’s implied consent laws. It essentially states that anybody who drives a vehicle within the state implicitly consents to alcohol and drug testing if suspected of a DUI. The goal behind it is to deter impaired driving and enforce penalties for those who do.
So, when you drive in Maryland, you have implicitly agreed to submit to a breathalyzer test if a police officer has reasonable grounds to suspect you are driving under the influence of alcohol or drugs. However, you do have the right to refuse a breathalyzer test.
What Happens If I Refuse a Breathalyzer?
While you can refuse a breathalyzer test in Maryland, doing so can come with serious consequences, both in terms of penalties and your legal standing. It is your right to refuse, but doing so doesn’t mean you will or can avoid punishment for driving while impaired. On the contrary, it can actually lead to severe legal penalties that could impact your driving privileges and your case as a whole.
Here’s what will typically happen when you refuse a breathalyzer:
1. License Suspension
License suspension is one of the immediate repercussions of refusing a breathalyzer test. When you refuse the test, the Maryland Motor Vehicle Administration (MVA) will automatically suspend your driving privileges.
This is mandatory after refusing a breathalyzer test. If this is your first refusal, you could face a 270-day suspension of your license. If you’ve refused before, you face a license suspension of 2 years
It’s important to note that this license suspension is an administrative suspension that is completely separate from any criminal penalties you may face as a result of the DUI investigation itself. Even if you aren’t convicted of a DUI, your refusal will lead to a loss of driving privileges.
2. Increased Penalties in Court
The ripple effects of your refusal can follow you into court if your case proceeds to court. Your refusal can negatively impact your case, with the prosecution potentially using it against you as evidence. A judge or jury may view your refusal as an indication of guilt, even though you have the right to refuse.
This stems from the fact that, under Maryland law, refusal is often seen as a refusal to cooperate with law enforcement, and it may be assumed that you refused because you feared the test would show you were intoxicated.
It’s also worth noting that refusing a breathalyzer doesn’t prevent law enforcement from moving forward with DUI charges. Police officers can still arrest you based on their observations, such as erratic driving or slurred speech, or other forms of evidence like field sobriety tests. Your refusal may not prevent you from facing DUI charges, but it can certainly complicate your defense.
3. Steep Fines and Penalties
Even if you refuse a breathalyzer test, a DUI or DWI conviction can still lead to the same serious penalties. The exact consequences vary based on the type of charge. For example, a DUI conviction could carry up to one year in jail and $1,000 in fines for a first offense. A DWI conviction, on the other hand, could carry up to $500 in fines and up to two months in jail.
On top of these fines and potential jail time, you will also be responsible for paying for the restoration of your driver’s license once your license suspension period comes to a close. You’ll need to pay these fees to regain your license and begin driving again.
Contact Jezic & Moyse for Help With Your Case After Refusing a Breathalyzer
If you’re facing DUI charges in Maryland after refusing a breathalyzer test, don’t wait to get legal representation. These cases can have a serious, long-lasting impact on your life, with a conviction potentially leading to fines, license suspension, and possible jail time. Refusing a breathalyzer doesn’t necessarily mean you’ll avoid a conviction, and it can actually work against you rather than for you.
At Jezic & Moyse, we’re well-versed in the nuances of Maryland DUI cases. Our experienced criminal defense attorneys can help you understand the charges you face, potential defense strategies against them, and potential consequences of refusing a breathalyzer test and being convicted of driving under the influence.
We’re here to help you navigate the specifics of your case, protecting your rights through every step. Whether you’re facing DUI charges or a refusal-related penalty, we can help. Contact us today to start with a consultation.