What Happens If I Refuse to Take a DUI Breath Test in Maryland?

During a traffic stop, a Maryland police officer may ask a driver to take a chemical breath test to check the level of alcohol, if any, in the driver’s system. Understanding Maryland’s chemical test refusal laws can help you protect yourself if you’re ever pulled over on suspicion of driving under the influence of alcohol (DUI).

Maryland has an “implied consent law,” which means that, if you have a valid Maryland driver’s license, there is an assumption that you have given your consent to submit an alcohol breath test should a police officer who suspects that you are operating a vehicle under the influence of alcohol or drugs ask you to do so. If you refuse the test, the Maryland Motor Vehicle Administration (MVA) may suspend your driver’s license for up to 120 days – even if you go to Court and are found not guilty of DUI at trial.

Although there are some who would try and make you believe that there is nothing you can do to fight this license suspension, that is not true. In the state of Maryland, if you refuse to submit to a chemical test by a police officer your refusal will be sent to the MVA who will, at your request, schedule a hearing at the Office of Administrative Hearings where you can contest the suspension of your license. You may choose an experienced Maryland attorney to represent you at the hearing, or you may represent yourself but you must request the hearing within 10 days from the date of your DUI traffic stop or face the automatic suspension of your Maryland driving privileges by default.

A Maryland drunk driving conviction carries serious penalties that can disrupt your life for months or years after the fact, but you don’t have to face a DUI charge alone. At Alpert Schreyer, our experienced Anne Arundel County DUI defense attorneys can help you build a strong defense, protecting your rights and fighting for the best possible result in your case. Call us at (866) 952-1500 today for a free, confidential case evaluation.

About Andrew Alpert

+Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.