If you're stopped by police for suspicion of drunk driving, you can refuse to take a breath test in Maryland, but there are consequences.
Implied Consent
Maryland's implied consent law means that by driving on Maryland's roads, you agree to submit to chemical tests—breath, blood, or urine—if an officer has reasonable grounds to suspect impairment. This means that a police officer can detain you and conduct tests when the officer believes that reasonable grounds exist that you are driving or attempting to drive a motor vehicle while impaired by drugs or alcohol and the vehicle can’t be safely driven.
The implied consent law also means that, while you can refuse to take a chemical test to determine impairment, you agree to certain automatic penalties in the event of a refusal.
Read more: Is Maryland an implied consent state?
Drunk Driving Field Tests
Maryland law enforcement uses several tests during the traffic stop to determine your blood alcohol level. They include:
- Field sobriety tests—which are conducted when you are stopped.
- A preliminary breath test—which is conducted by the side of the road, generally after field sobriety tests. A portable breath test (PBT) is a hand-held breathalyzer unit that officers carry with them, usually in their trunk. Individuals suspected of driving under the influence (DUI) or driving while impaired (DWI) are asked to blow into the unit during the traffic stop. The PBT test uses a sample of your breath to measure the amount of alcohol in your bloodstream.
Read more: Field Sobriety Tests in Maryland: Are They Really Accurate?
The PBT is different from the breathalyzer test conducted at the police station. The machine kept at the police station is more sophisticated and more precisely calibrated than a PBT. PBTs are often kept in a police vehicle's trunk. Their results can be affected by extreme heat or cold.
If you test above the legal limit for alcohol, the police officer will confiscate your Maryland driver’s license and issue you a paper temporary license. Then, they will prepare a case for the Maryland Motor Vehicle Administration (MVA) file.
You can, however, ask MVA for an administrative hearing within 10 days of your arrest to fight the suspension of your driving privileges.
Read more: How to Regain Driving Privileges After a DUI
In addition, you might be required to sign up for the ignition interlock program. An ignition interlock device is installed in your vehicle and prevents your car from starting if your blood alcohol level is above a pre-set amount. Participation in the interlock program could last as long as one year.
If you have a commercial driver’s license, the MVA will suspend your commercial driver’s license and may disqualify your driving privilege.
Should You Take a Breathalyzer Test?
With such consequences, some people wonder if it’s better to refuse to take the preliminary breath test or the breathalyzer test at the police station. Unfortunately, the results of refusing to take the tests are just as bad as failing.
Refusal to take a breath test results in immediate administrative penalties. In Maryland, refusing a breath test results in an automatic MVA license suspension. Your license will be suspended for 270 days for a first offense and two years for a second or subsequent offense. This rule is intended to discourage drivers from avoiding breath tests. These administrative penalties are in addition to any criminal charges you might face for driving under the influence (DUI).
Can Breath Test Refusal Be Used in Court?
The PBT refusal and results are not admissible in court but PBT helps to establish probable cause. Per MD Transportation Code § 16-205.2, "the results of the preliminary breath test shall be used as a guide for the police officer in deciding whether an arrest should be made and may not be used as evidence by the State in any court action. The results of the preliminary breath test may be used as evidence by a defendant in a court action. The taking of or refusal to submit to a preliminary breath test is not admissible in evidence in any court action. Any evidence pertaining to a preliminary breath test may not be used in a civil action." A skilled Maryland DUI defense lawyer can provide more details.
However, as stated in Section 10-309 of the Maryland code, Courts and Judicial Proceedings, breathalyzer tests conducted at the police station are far more reliable, and their results are admissible in court. So, taking the breathalyzer test at the police station can provide the prosecution with evidence against you. Yet, refusal comes with automatic penalties and, while refusal may prevent the prosecution from obtaining direct evidence of your BAC, it can also be viewed unfavorably by a judge or jury. If you're at the police station, you should consider immediately hiring an attorney for legal advice and representation.
There's no guarantee of conviction with breathalyzer test results. Prosecutors still need to present other evidence to prove driving while intoxicated (DWI) or DUI such as witness testimony or dashboard or body camera footage showing your condition and behavior during the time you were apprehended.
Need a DUI Attorney in Maryland? Contact Maronick Law
If you're facing DUI or DWI charges, you should contact a Maryland criminal defense attorney from Maronick Law as soon as possible. A Maryland DUI attorney from our firm can help. We can go over the facts of your case to determine how best to fight the accusations. The consultation is free. The DUI defense attorneys at Maronick Law have experience with Annapolis, Baltimore, Bel Air, Essex, Glen Burnie, Ocean City, Towson, and White Marsh DWI/DUI matters.
Maronick Law can meet with you remotely if you have access to Zoom. You can call the law office at 410-244-5068 or fill out our online contact form.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.